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All appeals are dismissed.
Reasons
1. As to Defendant T’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed)
A. As to the part of the acceptance of bribe related to Co-defendant L (hereinafter “L”) of the lower judgment, 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 based on the premise of fact finding belong to the free judgment of the fact-finding court.
(Article 308 of the Criminal Procedure Act). The court below held that the judgment of the court of first instance, which recognized that Defendant T received KRW 3 million from L on July 2008, and KRW 2 million from L on January 201, 2010, based on the circumstances stated in the judgment of the court of first instance, was justifiable, and rejected the Defendant’s allegation in the grounds of appeal alleging mistake of facts or misapprehension of legal principles.
The ground of appeal pointing out misapprehension of legal principles and mistake of facts is merely a dispute over the judgment of the court below on the selection and probative value of evidence which belongs to the free judgment of the fact-finding court.
In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the elements of the crime of acceptance of bribe or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
B. The court of first instance that recognized that Defendant TT and CU received a total of KRW 20 million from Defendant TT and CU based on the circumstances indicated in the judgment of the court of first instance on the grounds of the reasons indicated in its holding, and rejected the Defendant’s allegation in the grounds of appeal asserting mistake of facts or misapprehension of legal principles by disputing this.
The argument in the grounds of appeal that misleads facts is practically the fact-finding court.