Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the court below affirmed the judgment of the court of first instance that determined that the defendant received 40 million won as a bribe in connection with his/her duties, as stated in the facts charged in this case, and rejected the allegation of the grounds for appeal concerning mistake of facts.

The ground of appeal disputing the above judgment of the court below is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment and the reasoning of the first instance judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the degree of proof necessary for the admission of guilt, contrary to what is alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation of evidence in violation

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.