The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes related to F, H, and J (hereinafter “Special Crimes Act”), the lower court’s judgment that found the Defendant guilty of the violation of F, H, and J-related Special Treatment Act (excluding the part of acquittal in the grounds) among the facts charged in the instant case on the grounds stated in its reasoning is acceptable. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the principle of

2. Article 308 of the Criminal Procedure Act, which provides for the principle of free evaluation of evidence as to the violation of the Act on the Special Cases Concerning I and the violation of the Framework Act on the Construction Industry, provides that the probative value of evidence shall be decided by the judge's free evaluation of evidence does not necessarily mean that the judge's arbitrary judgment is not accepted because it is appropriate to discover the substantial truth. Thus, a fact-finding judge who has a full power over the determination of evidence has to consider the perception and examined evidence obtained in the

In addition, the probative value of evidence is left to the discretion of the judge, but the judgment should be consistent with logical and empirical rules, and the degree of the formation of the conviction to be found guilty in the criminal trial should be sufficient to have reasonable doubt.

(See Supreme Court Decision 2009Do2731 Decided May 28, 2009, etc.). According to the reasoning of the lower judgment, the lower court calculated by deducting the construction amount from K High School (hereinafter “K”) 1,5230,000 won and KRW 3,500,000,000 from the cost of construction work for public health rooms modernization of the public health room, and 6,40,000,000 won and KRW 1,5523,00,000,000,000 won and KRW 1,923,000,000 from the cost of construction work for the library, printing room, and information room.