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(영문) 대법원 2015.07.23 2015도3396
뇌물수수
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 selection of evidence and 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). The court below reversed the judgment of the court of first instance which acquitted the defendant, and found the defendant guilty of the facts constituting the crime in the judgment of the court below, on the grounds as stated in its reasoning, on the grounds that it is reasonable to view that the defendant received the paintings and mountain bicycles on two occasions as a public prosecutor, and this is a bribe related

The allegation in the grounds of appeal that such a determination by the lower court is unlawful is merely an error of the lower court’s determination on evidence selection and probative value, which belong to the free judgment by 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 in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the probative value of a witness’s statement, as otherwise alleged in the grounds of final appeal,

The Supreme Court decisions cited in the grounds of appeal are different from this case, and thus are inappropriate to be invoked in this 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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