2016 Do 15939 A. Improper action after acceptance of the bribery

(b) Disclosure of secrets on official duties;

A

Prosecutor

AH, a legal entity (with limited liability)

Attorney AI, N, AJ

Seoul High Court Decision 2016No 797 decided September 23, 2016

December 12, 2016, 15

The appeal shall be dismissed.

The grounds of appeal are determined.

In a criminal trial, the finding of guilt must be made by evidence with probative value, which may lead a judge to confluence that the facts charged are true beyond a reasonable doubt. In the absence of such proof, even if the defendant is suspected of conviction, the conviction cannot be made (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Moreover, the selection of evidence and the probative value of evidence, which are based on the premise of fact finding, belongs to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act).

On October 15, 2014, the lower court determined that all facts of the instant public prosecution were not proven, and determined that the facts of the instant public prosecution were not proven, and that the part of the instant public prosecution, which was found not guilty after the acceptance of a bribe on October 15, 2014, was found guilty. On December 1, 2014, the lower court reversed the judgment of the first instance court that found the part of the illegal administrative agency and the part of the leakage of secrets in the line of duty to be acquitted on the grounds of the same, and acquitted the Defendant.

The argument of the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the lower court as a fact-finding court. Moreover, considering the reasoning of the lower judgment in light of the above legal doctrine and the record, the reasoning of the lower court did not exhaust all necessary deliberations, such as the allegation of the grounds of appeal, but goes against the legal doctrine of logic and experience, thereby going beyond the bounds of the principle of free evaluation of evidence, or misunderstanding the legal doctrine on the right to command a lawsuit.

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

Justices Kim So-young

Justices Kim Yong-deok

Justices Kim Shin-chul

Justices Lee Ki-taik