공공단체등위탁선거에관한법률위반
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 2,000,000.
The above fines are imposed by the Defendants.
1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 800,00 is too unhued and unreasonable.
2. It is recognized that the Defendants recognized the mistake of the instant crime and violated the depth thereof, Defendant A and Defendant B did not have any specific penal power, and Defendant C did not have any penal power exceeding the fine.
However, the crime of this case prevents the Defendants from being elected by the former president in the election of the president of the partnership to be implemented in a fair and transparent manner. In order for Defendant A to be elected, the audit report of Kimcheon EFF, mainly stating the negative contents in relation to the operation of the FF association, is sent by mail to the members of the association and carried out an election campaign in advance, and the nature of the crime is not weak.
The crime of this case seems to have influenced the fairness of the election of the president of the cooperative and the election of the defendant A.
In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the Defendants, the sentence imposed by the court below on the Defendants is too uneasible and unfair.
3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 66 Subparag. 1 and Article 24(2) of the Act on Entrusted Elections by Public Organizations, Etc.; Article 30 of the Criminal Act
B. Defendant B and C: Articles 66 subparag. 1 and 24(2) of the Act on Commissioned Elections by Public Organizations, Etc., Article 30 of the Criminal Act, Articles 66 subparag. 1 and 24(1) of the Act on Commissioned Elections by Public Organizations, Etc., and Article 30 of the Criminal Act are not candidates.