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(영문) 창원지방법원 2015.11.18 2015노2211

농업협동조합법위반

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 900,000 won, a fine of 2.5 million won, and a fine of 2.5 million won) declared by the court below is unreasonable.

2. The crime of this case was committed in collusion by the defendants to provide 300,000 won to F members of the association who are representatives with voting rights for the purpose of winning the election of the defendant Eul in the election of the Korea Agricultural Cooperative Federation. In light of the legislative purport of the provisions related to the Agricultural Cooperatives Act in this case to prevent excessive and mixed election and ensure the fairness of election, the crime is not good and the crime is more severe. In particular, the auditor of the local agricultural cooperative audit conducted the audit of the local agricultural cooperative's property and the execution of its business, and if the facts were found to be unfair, the defendant Eul was elected in a general meeting. However, although the defendant Eul was in a position to report it to the general meeting, there were unfavorable circumstances such as the defendants' confession and reflect, the crime was committed one time, the punishment against the defendant Eul constitutes the invalidation of election, and the degree of participation of the defendant Eul is relatively low, and since the court below sentenced the defendant Eul's age, character and behavior, environment, motive, means and consequence of the crime, etc., it cannot be deemed unfair to sentence each of the defendants.

Therefore, the prosecutor's argument of unfair sentencing is without merit.

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