The appeal is dismissed.

The grounds of appeal are examined.

The burden of proof of criminal facts prosecuted in a criminal trial shall be borne by a public prosecutor, and the conviction shall be based on evidence with probative value that leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt.

Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine it as the benefit of the Defendant (see Supreme Court Decision 2005Do4737, Feb. 24, 2006, etc.). Examining the reasoning of the lower judgment in light of the aforementioned legal principles and the record, it is justifiable to maintain the first instance judgment that acquitted the Defendant by deeming that there is no proof of crime regarding the facts charged in the

The court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the acceptance of money and valuables on the pretext of a request, etc. in the crime of violating

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