특정범죄가중처벌등에관한법률위반(뇌물)등
All appeals are dismissed.
1. The prosecutor's appeal is examined.
A. The prosecutor bears the burden of proving the facts charged in a criminal trial.
In order to admit a guilty verdict, there shall be evidence of probative value sufficient to prove that the facts charged are true to the extent that there is no reasonable doubt by a judge.
Therefore, if there is no such evidence, even if there is doubt about the defendant's guilt, it is inevitable to determine the defendant's innocence as the defendant's interest (see Supreme Court Decision 2005Do4737, Feb. 24, 2006, etc.). (b) Defendant A (1) violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) related to the acquisition of shares by Defendant A, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Bribery) related to the A's criminal case against which Defendant A filed a complaint against Q, etc. by N's representative director P, there is credibility of N's statement that Defendant A demanded N to pay KRW 500 million as a honorarium
In addition to the above evidence, Defendant A was not guilty of all the primary and conjunctive charges on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) on the ground that there is no objective evidence to prove that Defendant A received or promised to receive KRW 500 million as a bribe in connection with the referral of the above case by taking advantage of the police officer’s position.
B. The lower court: (a) in light of various circumstances, including the circumstances surrounding N’s acquisition of shares in Defendant A Company V and the preparation of the instant promise, the amount of acceptance, and the relationship between N and Defendant A, the lower court, based on the evidence submitted by the prosecutor, thereby notifying Defendant A of harm and injury likely that Defendant A would be drinking to the extent that it would interfere with N’s freedom of execution; and (b) thereby reconciling the acquisition fund from N.
On the grounds of insufficient recognition, the Court acquitted all of the primary and conjunctive charges on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Competence).
. Prosecutors;