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(영문) 대법원 2012.09.13 2010도17153

수산업협동조합법위반

Text

The judgment below is reversed, and the case is remanded to the Incheon District Court Panel Division.

Reasons

1. The prosecutor appealed against the guilty portion of the judgment of the court below, but there is no statement in the petition of appeal and the appellate brief stating the grounds for objection to this portion.

2. The grounds of appeal as to the acquittal portion are examined.

A penal provision should be strictly interpreted and applied in accordance with the language and text, and shall not be excessively expanded or analogically interpreted in the direction unfavorable to the defendant. However, a systematic logical interpretation that clearly expresses the logical meaning of the provision in accordance with the systematic relationship that takes into account the legislative intent and purpose of the provision within the meaning of the possible language and text is for the interpretation most adjacent to the essential contents of the provision and in compliance with the principle of no punishment without law.

Article 53 of the former Fisheries Cooperatives Act (amended by Act No. 10245, Apr. 12, 2010; hereinafter the same shall apply) provides that “any person shall not engage in any of the following acts with the intention of having him/herself or a specific person elected, elected, or not elected, as an executive officer or representative by district fisheries cooperatives or representatives.” Article 53 (1) of the former Fisheries Cooperatives Act provides that “any person shall not engage in any of the following acts for the purpose of having him/her or his/her family members elected, elected, or not elected.” Article 53 of the former Fisheries Cooperatives Act provides money, goods, entertainment, other property benefits, or public or private positions, expressing his/her intention to provide them, or promising him/her not to be a candidate, or for having a person who wishes to be a candidate resign, or for having him/her resign from his/her office, or for having him/her withdraw from his/her office, as provided for in subparagraph 1 (2), subparagraph 1 or 2 (3) of the same Article.