농업협동조합법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (900,000 won in penalty) is too unhued and unreasonable.
2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In a case where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, the characteristics of the election of the president of a regional association that is highly likely to undermine the fairness of election due to the circumstances such as the closedness of the district, restriction of the electors, and possibility of spreading with voters, etc., the characteristics of the election of the president of a regional association that is highly likely to undermine the fairness of election, the election of the president of such association, etc. to contribute to the sound development of public organizations, etc., the legislative purpose of the Act on Entrusted Elections and the number
However, the defendant shows the attitude of recognizing and opposing the crime of this case, the defendant appears to have been avoided in the course of performing duties according to custom rather than actively planned or instructed the crime of this case, and the defendant was elected as 82% support rate from the election of the head of the association executed on March 11, 2015. The crime of this case had a decisive influence on the result of the election of this case.
The defendant does not seem to have any past record of criminal punishment except for those sentenced twice to a fine due to the violation of the Road Traffic Act, etc. before the crime of this case is committed, and there is no same record, etc. in favor of the defendant.
In full view of the above circumstances, the lower court’s judgment comprehensively takes account of the Defendant’s age, sex, environment, motive and background of the instant crime, means and methods, and all the sentencing factors expressed in the instant records and the trial process, including the circumstances after the instant crime was committed.