The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct doubt as to the facts charged, and if there is no such proof, even if there is any doubt as to the defendant's conviction, the conviction cannot be judged as guilty (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection of evidence and probative value of evidence conducted as a premise of fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court rejected the prosecutor's allegation that the Defendant granted K a bribe of KRW 5,00,000 and around September 15, 2015, and the prosecutor's appeal of KRW 10,000,000, etc., did not constitute a crime of bribery.

The part of the grounds of appeal disputing the determination by the lower court to the effect that it is the basis of the determination by the lower court is merely an error of the lower court’s determination of evidence selection and probative value, which actually belong to the free judgment by the fact-finding court. In addition, examining the reasoning of the lower judgment in light of the record, the lower court did not err by misapprehending the legal doctrine on the relationship between the duties of bribery or by exceeding the bounds

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate specific grounds for appeal in the final appeal and the reasoning of the final appeal.

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