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(영문) 대법원 2018.02.28 2017도20523
마약류관리에관한법률위반(향정)등
Text

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 reasons indicated in its reasoning, the lower court, on the grounds indicated in its reasoning, accepted money and valuables under the pretext of solicitation for the cases handled by public officials, such as the No. 1 through No. 3,7, or 10 of the crime list in its holding

Recognizing this part of the facts charged, the judgment of the first instance which acquitted the Defendant of this part of the facts charged is reversed and judged guilty

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the determination of the lower court on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In addition, even when 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 principles on the establishment of a crime of substantial direct deliberation, the principle of evidence trial, and the probative value of evidence, as alleged in the grounds of appeal, or by exceeding the bounds

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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