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(영문) 대법원 2016.07.22 2016도6567
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

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 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). For the reasons stated in its reasoning, the lower court determined that, for the reasons indicated in its reasoning, the amount the Defendant received from X falls under the consideration for good offices, and even if money was received after a considerable period of time after solicitation, the same constitutes a crime of good offices, and rejected the allegation of reasons for appeal as to mistake of facts and misapprehension of legal principles.

The allegation in the grounds of appeal disputing the recognition of facts that are the basis of the judgment of the court below is merely an error of the judgment on the selection and probative value of the court of fact-finding which actually belongs to the free judgment of the court of fact-finding. In addition, even after examining the reasoning of the judgment below in light of the aforementioned legal principles, the relevant legal principles of the court below, and the evidence duly admitted, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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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