beta
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to Defendant A’s grounds of appeal, criminal facts should 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). Based on its stated reasoning, the lower court rejected Defendant A’s grounds for appeal on this point by misapprehending the legal doctrine on the determination that Defendant A’s request for the sale of Modern shares to B by taking advantage of its position.
The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.
In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, the relevant legal principles as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the requirements for the establishment of the crime of referral and acceptance of bribe, the burden of proof and the degree
In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed against Defendant A, the argument that the amount of punishment is unreasonable is not
2. As to the grounds of appeal by the public prosecutor, the conviction in a criminal trial has probative value that leads to a judge’s conviction to the extent that there is no reasonable doubt as to the facts charged.