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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the grounds for appeal by Defendant D and G, the lower court found Defendant D guilty on the grounds as stated in its reasoning, on the following grounds: (a) the receipt of bribe regarding Defendant D’s operation of the AK Aviation Test (excluding the part that was found not guilty on the grounds thereof); (b) the alteration of the business plan to Defendant G (which was related to the approval of the alteration of the business plan, interference with the performance of official
The judgment below
Examining the reasoning of the lower judgment in light of the evidence duly admitted and investigated by the first instance court and the first instance court, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the elements for the establishment of a crime of receiving and receiving a bribe and the “illegal solicitation” in the crime
2. As to the prosecutor's grounds for appeal
A. As to the acceptance of a bribe and the grant of a bribe, the lower court, on the grounds the following grounds: (a) there is insufficient evidence of each crime as to the acceptance of a bribe and the grant of a bribe with respect to KRW 5 million between Defendant A and Defendant E, F, G and H; (b) the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) with respect to KRW 30 million between Defendant A, B and Defendant F, G, and E; (c) the receipt of a bribe and the grant of a bribe; (d) the receipt of a bribe and the grant of a bribe between Defendant A, B and Defendant G; and (e) the receipt of a bribe and the grant of a bribe related to the service of a bribe related to the operation of a test between Defendant C, D and Defendant F, and G; and (e) the receipt of a bribe and the grant of a bribe (except for
In light of the foregoing, not guilty was found.
The recognition of facts and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence, and even if examining the reasoning of the judgment below in light of the records, the judgment of the court below exceeds the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, as alleged in the grounds of appeal.