(영문) 광주지방법원 2014.06.19 2014노100 (1)



The prosecutor's appeal is dismissed.


1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. In the case of violation of the provisions of the Fisheries Cooperatives Act prohibiting the act of donation, such as offering money and valuables, in the election of its executives, it is necessary to strictly punish the Defendant who received money in this case by taking into account the nature of the fisheries cooperatives' public interest.

However, considering the fact that the defendant seems to have recognized his mistake and reflect against himself, favorable circumstances such as the defendant's age, character and conduct, environment, the background and result of the crime of this case, etc., all of the sentencing conditions shown in this case such as the defendant's age, character and conduct, circumstances after the crime of this case, etc., the amount provided or provided by co-defendants, equity in punishment among co-defendants, and the fact that the defendant cannot become an officer of fisheries cooperatives for four years due to the fine of this case, the court below's punishment against the defendant is too uneasible, and thus, the prosecutor's argument

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.