공공단체등위탁선거에관한법률위반
The prosecutor's appeal is dismissed.
1. In light of the prosecutor’s gist of the grounds of appeal (unfair sentencing) that the Defendant’s crime of this case harms the fairness of the election of public organizations, etc., thereby impeding the sound development of public organizations, etc. and the development of a democratic society, the Defendant’s failure to seriously reflect the Defendant, and the Defendant sent the following documents and text messages to union members from E to approximately 99% after retirement from E to E for the withdrawal of the head of the association without sending a letter of credit in the past, etc., the lower court’s sentence imposing a fine of KRW 800,000 is too unreasonable.
2. The judgment of the court below reflects the wrongness of the Defendant, and asked the Election Management Committee on October 17, 2014, "whether or not a candidate for an election of the head of an association can send a customary text message to a member of the association who is in common or friendship with him/her" by asking questions about "whether or not the candidate for an election of the head of the association can send a written message to the union member who is in common or friendship with him/her: Provided, That if sending a written message for the election campaign to a member who has no ordinary or friendship with him/her, he/she would be in violation of Article 24 of the Act on Election of Public Organizations, Etc." In light of the above, the defendant's perception about the illegality of the crime of this case seems to have been weak, and the defendant served in good faith, such as receiving a large number of commendation while serving in E for about 28 years without criminal history, and the defendant argued that the defendant's punishment was excessive in light of all the following circumstances, such as the contents, defendant's age, the defendant's sexual behavior, motive, and circumstances after the appeal.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.