1. Examining the evidence duly admitted and examined by the court below and the first instance court on the grounds of Defendant B’s appeal, the court below is justified in finding the Defendant B guilty of all the charges of this case (excluding the part which was pronounced not guilty in the court below) on the grounds stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the joint principal offender, embezzlement, acceptance of bribe, and the degree of proof for conviction in criminal proceedings, or by omitting judgment.

In addition, the argument that the judgment of the court below erred by misapprehending the legal principles on sentencing by infringing on the essential contents of the principle of balance of crimes and the principle of responsibility.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

Defendant

In this case where a more minor punishment is imposed against B, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment that found the Defendants guilty on the grounds that there was no proof of each crime regarding the demand for bribe among the facts charged in the instant case, and sentenced the Defendants not guilty.

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the demand for bribe.

On the other hand, the prosecutor appealed against the Defendants in full.