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(영문) 대법원 2015.12.23 2014도5974
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the public prosecutor, the conviction in a criminal trial shall be based on evidence with probative value sufficient to ensure that a judge is true enough to have a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(See Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). Furthermore, the selection of evidence and the probative value of evidence conducted as a premise of fact-finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court acquitted the judge on the charge of bribery from the senior director among the facts charged in this case, the charge of bribery Nos. 3 of the annexed list of crimes (1) of the lower judgment, and the charge of bribery through the comparison of the credit rating.

In light of the records, the above judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, there is no violation of the principle of free evaluation of evidence.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court, on the grounds indicated in its reasoning, found the Defendant guilty of the charge of bribery Nos. 1, 2, 4, and 5 of the attached Table of Crimes (1) of the lower judgment among the facts charged in the instant case, and of the receipt of bribe from the Z. In so determining, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical

3. All final appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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