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(영문) 창원지방법원 2014.02.06 2013노1844

수산업협동조합법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (two million won of a fine) is too unhued and unreasonable.

2. It is acknowledged that the crime of this case is a serious criminal that could undermine the fairness and transparency of the election of the head of the Suhyup Cooperative, and that the defendant has been punished as suspended execution and fine on several occasions due to the violation of the Fishery Resources Management Act.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and thereby reflects his mistake; (b) the Defendant did not have the same or similar criminal history; (c) the Defendant had committed the instant crime once; and (d) the money and valuables provided to KRW 200,000,000; and (c) other factors of sentencing specified in the instant argument, including the Defendant’s age, character and conduct, intelligence and environment, motive, background, means, methods and consequence of the instant crime; (d) criminal record relationship; and (e) the circumstances before and after the instant crime, it is deemed that the sentence imposed by the lower court is too unjustifiable

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.