The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the fact that there exists a proposal for deliberation of mistake of facts and misapprehension of legal principles (not guilty portion) for permission for development activities, and that the victim won a civil lawsuit (2014da1104) by filing a lawsuit with the defendant based on the above deliberation data, the “when an urban planning deliberation data” in the contract is prepared to the extent that the victim can submit the urban planning deliberation data to the administrative agency, and that the victim has made an incidental effort to continuously promote the project, it is sufficiently recognized that the defendant acquired 50 million won from the victim as stated in this part of the charges.

B. The sentence of unfair sentencing (the imprisonment of six months, one-year suspension of execution, one-year community service order of 120 hours) of the lower court’s sentence of unfair sentencing (the imprisonment of six months, one-month suspension of execution, and one-time community service order of 120 hours on each of the crimes under paragraphs (1) and (b) of the lower judgment is too

2. Determination

A. In a criminal trial as to the assertion of mistake of facts and misapprehension of legal principles, the recognition of facts should be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to fully reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or uncomfortable, it should be determined in the interests of the defendant, even if there is doubt of guilt, such as the defendant’s assertion

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). In addition, in light of the fact that the Criminal Appeal Court has the character as a post-examination even after deceiving, and the spirit of substantial direct and psychological principle under the Criminal Procedure Act, etc., the first instance court is deemed to have lack evidence to exclude reasonable doubt after undergoing the examination of evidence, such as examination of witness, and thus, not guilty of the facts charged.