공공단체등위탁선거에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime related to the election of the president of an association at a regional unit of judgment is not only detrimental to the fairness and transparency of elections, but also undermining the trust of the integrity of business conducted by local associations. Therefore, it is necessary to strictly punish the crime.
The defendant, in collusion with B, has a large degree of participation in the crime by providing 1,323,00 won to 33 members, including directly providing 7,830,000 won to 22 members of the association.
However, considering the favorable circumstances, such as the fact that the defendant was late to commit the crime, the fact that the crime was discovered in advance and did not affect the result of the election of the head of the association, the fact that there was no record of punishment for the same kind of crime, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case, and all of the sentencing conditions stated in the arguments in this case, such as the circumstances after the crime, it is deemed unfair.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 58 of the Act on Entrusted Elections with Public Organizations, etc., Article 30 of the Criminal Act, subparagraph 1 of Article 66 and Article 24 (1) of the Act on Entrusted Elections with Public Organizations, etc., Article 30 of the Criminal Act concerning criminal facts;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;