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(영문) 인천지방법원 2012.12.27 2012노2718

수산업협동조합법위반

Text

The judgment below

The part against the defendant shall be reversed.

The sentence against the accused shall be 800,000 won.

Reasons

1. Summary of grounds for appeal;

A. It is reasonable to view that Article 178 of the Fisheries Cooperatives Act does not require an additional election campaign in addition to the restricted acts provided for in Article 53 of the same Act in light of the relationship with Article 53 of the same Act, the form of provision, and the meaning of language and text, etc.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged on the ground that the Defendant did not state his election campaign due to erroneous understanding of legal principles.

B. The sentence imposed by the court below on the defendant (the fine of KRW 800,000) is too unhued and unfair.

2. Determination

A. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, prior to the judgment on the grounds of appeal by the prosecutor, the prosecutor requested employment of D Temporary Branch Office (1.2 million won per month salary, 1.2 million won per year) from among the facts charged against the defendant, which was in violation of the Fisheries Cooperatives Act due to the request for the provision of non-regular workers among the facts charged against the defendant. The defendant requested employment of D Temporary Branch Office (1.2 million won per month salary, 1.2 million won per year) from E and F, and requested the defendant to provide E with a public office. The defendant requested employment of D Temporary Branch Office Office (1.2 million won per month salary, 1.1 year) from the defendant for the purpose of getting elected in the election, and requested the employment promise from E to provide a public office. On the other hand, the defendant was found guilty of the violation of the above Fisheries Cooperatives Act and the remaining part of the judgment of the court below that found the defendant guilty of the violation of Article 37 of the Criminal Act.

However, the above reasons for reversal are as follows.