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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 the Defendant received money for mediating matters belonging to public officials’ duties, and rejected the allegation of reasons for appeal as to mistake of facts and misunderstanding of legal principles.
The grounds of appeal disputing such fact-finding by the lower court are merely grounds for the lower court’s determination of evidence selection and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the probative value of evidence, the elements for constituting a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (e.g., known players), the number of
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.