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(영문) 대법원 2016.10.27 2016도11799
뇌물수수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

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). The court below acknowledged the guilty guilty of the facts constituting the crime in the judgment of the court of first instance, and accepted the first instance judgment which did not admit the above defendant's argument, and rejected the allegation in the grounds of appeal as to mistake of facts against the above defendant.

The allegation in the grounds of appeal is the purport of disputing such fact-finding by the lower court, and it is merely erroneous for the lower court’s determination as to the selection of evidence and probative value, which belong to the free judgment of the lower court, and even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and the evidence duly admitted, the lower court did not err in its judgment by either violating

2. As to the grounds of appeal by the public prosecutor, the conviction in a criminal trial shall be based on evidence with probative value sufficient to ensure that a judge is true enough to have a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). The lower court, on the grounds indicated in its reasoning, acknowledged the first instance court’s judgment that acquitted Defendant A of each of the charges of bribery and bribery and bribery against Defendant A, and each of the charges of bribery against Defendant B, and rejected the Prosecutor’s allegation in the grounds for appeal as to mistake of facts.

The grounds of appeal.

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