The part against the defendant shall be reversed.

Defendant shall be punished by a fine of three million won.

The defendant above.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

Article 18(3) of the Public Official Election Act is an exception to Article 38 of the Criminal Act, which is a general provision on the treatment of concurrent crimes, so in order to exclude the application of Article 38 of the Criminal Act to other election crimes to which the Public Official Election Act does not apply, and to separately deliberate and decide on the concurrent crimes for other crimes, there is a express provision recognizing the exception like Article 18(3) of the

(See Supreme Court Decision 2004Do606 delivered on April 9, 2004). Article 70 Subparag. 1 of the Act on Entrusted Election of Public Organizations, etc. provides that “If an elected person is sentenced to imprisonment or a fine exceeding one million won for committing an offense prescribed by this Act in the relevant entrusted election, the election shall be invalidated.” Thus, even in an election of an executive officer of an agricultural cooperative, it may be said that it is necessary to minimize the impact of other crimes than an election criminal on the sentencing of an election criminal. However, unlike Article 38 of the Criminal Act, whether it is necessary to separately examine and separately sentence other crimes, which are not an election criminal, should be resolved by the legislative decision of the legislative branch, and the scope of the application of Article 18(3) of the Public Official Election Act, which is limited to the election of a National Assembly member, a local council member, and the head of a local government, cannot be inferred to the criminal procedure of an agricultural cooperative.

Nevertheless, it is possible to separate the violation of the Act on Elections by Public Organizations, etc. and the Act on the Protection of Personal Information.