The case reversing the judgment of the court below on the ground that there was an error in the incomplete hearing or a violation of the rules of evidence in determining whether the acceptance of bribe was made.

The case reversing the judgment of the court below on the ground that there was an incomplete hearing or an error in the rules of evidence in determining the facts as to whether the acceptance of bribe was made.

Article 308 of the Criminal Procedure Act

Defendant

Defendant

Attorney Gangwon-won

Seoul Criminal Court Decision 86No4476 delivered on December 24, 1986

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

The grounds of appeal are examined.

According to the reasoning of the judgment below, if the defendant, who was the head of Seongdong-gu Seoul High Court's testimony, issued the above non-indicted 1's statement to the non-indicted 1's non-indicted 1's non-indicted 2's defendant's non-indicted 1's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted's non-indicted's non-indicted 1's non-indicted's non-indicted's non-indicted's non-indicted's non-indicted's non-indicted's non-indicted's non-indicted's non-indicted 2's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted

Therefore, the above evidence of the court below alone is very insufficient to conclude that the defendant received a bribe from the co-defendant of the court of first instance as stated in its reasoning. The court below, the fact-finding court, should have determined the facts by adding to the examination as to whether there was acceptance of bribe (in the facts charged in the instant case, the acceptance of bribe amounting to KRW 135,00,00, such as cash and alcohol, and so on, it should be stated that there was acceptance of bribe as alleged by the prosecutor in the process of granting permission for the instant grain retail business.

In the end, the judgment of the court below is erroneous in the misapprehension of the rules of evidence or in the misapprehension of the rules of evidence, which affected the conclusion of the judgment.

Therefore, the judgment of the court below shall be reversed, and the case shall be remanded to the Panel Division of the Seoul Criminal Court (Seoul Criminal Court) which is the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Man-hee (Presiding Justice)