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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. Examining the reasoning of the lower judgment as to the Defendants’ grounds for appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendants were guilty of all of the facts charged in this case (excluding the portion not guilty of each of the grounds for appeal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against Defendant D, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.
2. Examining the reasoning of the lower judgment in light of the record as to the prosecutor’s appeal, it is justifiable to reverse the judgment of the first instance court, which found the Defendant C guilty on the ground that there was no evidence of each crime as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to the receipt of KRW 150 million by the end of August 2009, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) from among the facts charged in the instant case, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to the receipt of KRW 10 million from the end of June 2012, and KRW 3 million from the beginning of February 2013, and KRW 2 million from the beginning of September 2013, the lower court did not err by exceeding the bounds of the principle of free evaluation due to violation of logical and empirical rules, as alleged in the grounds for appeal.
On the other hand, the prosecutor is all the judgment below.