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(영문) 대구지방법원 2015.05.28 2014노2841

농업협동조합법위반

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The main point of the grounds for appeal is that each sentence of the lower court (a fine of two million won is imposed on the Defendants A, Defendant B: a fine of two million won is imposed on the Defendants) is too unhued and unreasonable.

2. Each of the instant crimes committed is an election crime that provides two members with 200,000 won each, which is a dangerous crime that interferes with and distorts the fair competition of elections. As such, there is a need to strictly punish the Defendants for the settlement of fair election culture.

On the other hand, the Defendants recognized each of the crimes of this case and against the mistake, Defendant A resigned from the position of director immediately after being elected as D non-standing director, Defendant B took part in only the act of providing money once, Defendant A did not have any previous conviction other than the one sentenced to a fine once, and Defendant B was the primary offender in favor of the Defendants.

In addition, comprehensively taking account of the Defendants’ age, character and conduct, environment, and the circumstances and result of each of the instant offenses, all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, it is not recognized that the lower court’s punishment is too uneasible and unfair. Therefore, the Prosecutor

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.