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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.
(1) Article 308 of the Criminal Procedure Act (Article 308 of the Criminal Procedure Act). The court below, on the grounds indicated in its reasoning, acknowledged the integrity and identity of the recording files of this case and their recording records, and admitted the facts listed in paragraphs (4) through (9) of the first instance judgment, even if they were not admissible on the recording files of this case, and recognized the facts listed in the remaining evidence of the first instance court, and affirmed the first instance court's determination that it is reasonable to recognize the facts that the defendant requested a bribe as in the facts stated in the first instance judgment, and rejected the grounds for appeal
Witness
The allegation in the grounds of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court.
In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the legal doctrine as seen in the lower judgment and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on admissibility of recording files and recording records, presumption of innocence, and degree of proof necessary for conviction, or by failing to exhaust all necessary deliberations, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules,
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.