특정범죄가중처벌등에관한법률위반(뇌물)등
All appeals are dismissed.
The grounds of appeal are examined.
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 preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court recognized the Defendants guilty of each criminal facts in the judgment of the first instance against the Defendants, and recognized the first instance judgment that did not admit the Defendants’ assertion against the Defendants, and rejected the Defendants’ allegation of the grounds for appeal as to mistake of facts and misapprehension of the legal doctrine.
The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, the relevant legal principles as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the threat of harm and danger of intimidation as alleged in the grounds of appeal, thereby violating the principle of presumption
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.