공공단체등위탁선거에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1,500,000 won shall be additionally collected from the defendant.
1. The prosecutor of the gist of the grounds for appeal asserts that the punishment (two years of suspended execution in four months of imprisonment, community service, additional collection in 40 hours) declared by the court below is too unhued and unreasonable.
2. It is recognized that the defendant recognized his mistake and reflected his mistake, the defendant has no record of punishment in the past, and the defendant has a physical disability in class 5.
However, in the process of an election for the head of a cooperative, the act of receiving money and valuables from a person who intends to become a candidate and offering such money and valuables again to another elector is a crime which seriously undermines the fairness and transparency of the election. In particular, the first time of the election for the head of a cooperative throughout the country, which was enforced on March 11, 2015, the act of spreading money and valuables throughout the country, etc. In order to ensure the fairness and transparency of the election for the head of a cooperative throughout the country, the sentence of punishment is inevitable even for the crime related to the money and valuables in this case, and the fact that the defendant cannot be deemed to be less than 1.5 million won in the election crime, even if he/she received money and valuables from a person who intends to be a candidate for the head of a cooperative, shall be considered as unfavorable to the defendant. In full view of all other circumstances, the sentence of the court below is deemed to be unfair.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the following is ruled again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article of the Criminal Act and each public organization, etc. selection of punishment;