A. The offering of a bribe on January 2, 2014

(b) Violation of the Aggravated Punishment Act;

C. Acceptance of bribe

1. A.

2.(c) B

Defendant B and Prosecutor

Attorney BU (Korean War for Defendant A)

Attorney H (Defendant B)

Busan High Court Decision 2014No204 decided August 21, 2014

January 29, 2015

All appeals are dismissed.

The grounds of appeal are examined.

1. As to Defendant B’s ground of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have found the Defendant guilty of accepting bribe against the Defendant among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the legal doctrine on determining the credibility

Examining the reasoning of the judgment below in light of the relevant legal principles and records, the court below was just in maintaining the judgment of the court of first instance that acquitted Defendant A on the ground that there was no evidence of criminal facts as to the point of offering a bribe to Defendant A and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) against Defendant B among the facts charged in the instant case, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation

3. Conclusion

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

Justices Shin Young-chul

Justices Lee Sang-hoon

Justices Kim Chang-suk

Justices Jo Hee-de