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(영문) 대법원 2017.02.09 2016도7009
뇌물수수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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 preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, may recognize the fact that the Defendant received money from G from the facts constituting the first instance judgment.

Based on the judgment, we did not accept the allegation of the grounds for appeal as to mistake of facts or misunderstanding of legal principles.

The allegation in the grounds of appeal is purporting to dispute the recognition of facts that served as the basis of the judgment of the court below. It is nothing more than an error of the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles, relevant legal principles as indicated in the judgment of the court below, and evidence duly admitted, the judgment of the court below did not err by exceeding the bounds of free evaluation principle by violating the 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.

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