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(영문) 창원지방법원 2019.07.18 2019노949

공공단체등위탁선거에관한법률위반

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (six months of imprisonment, confiscation) against the Defendant is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. The crime of this case on the assertion of unfair sentencing by the defendant and prosecutor is acknowledged as a case where the defendant requested that he support the defendant's friendly member B with respect to the election of the head of the F Cooperatives by requesting that he support the defendant's friendly member of the F Cooperatives, and the nature of the crime is not less complicated, and the crime related to the election is a crime that undermines the objectivity and fairness of the election, and there is a need for strict punishment for the defendant.

However, in full view of the fact that the defendant has been detained for a considerable period of time and is against his wrongness, the resignation from the position of the candidate for the above election does not seriously affect the result of the election, the first offender who has no record of criminal punishment prior to this case, some union members want to have the preference against the defendant, and other various sentencing conditions specified in the records and arguments in this case, such as the defendant's age, character and conduct, and environment, the court below's punishment against the defendant is too unreasonable. Thus, the defendant's argument is reasonable and the prosecutor's argument is without merit.

B. The main text of Article 60 of the Act on Entrusted Elections, such as an ex officio judgment organization, etc. provides that "the benefits received by a person who committed a crime under Article 58 or 59 shall be confiscated." However, all of the judgment below, which the court below received from the defendant, 8 copies of 00,000 won, issued by the Bank of Korea, and 32 copies of 0,000 won,00 won, issued by the Bank of Korea (No. 16), are or was kept in custody of the wall to provide to the head of the association.