농업협동조합법위반
The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Article 50(1) through (3) of the former Agricultural Cooperatives Act (amended by Act No. 9761, Jun. 9, 2009; and amended by Act No. 10522, Mar. 31, 2011; hereinafter the same shall apply) prohibits unlawful acts by specifying unlawful acts in order to prevent combined elections and electoral elections within a cooperative.
(See Supreme Court Decision 2004Do2290 Decided July 22, 2004). The crime of aiding and abetting candidates, which is punished pursuant to Articles 50(3) and 172(3) of the former Agricultural Cooperatives Act, means the crime of aiding and abetting candidates, such as disclosing false facts by means of a speech, etc. in connection with the election of executive officers of a local agricultural cooperative, is established by slandering candidates; and the term “debrising” means the act of locating the other party to the extent that the other party’s evaluation would be infringed on
(See Supreme Court Decision 2007Do2824 Decided September 21, 2007, and Supreme Court Decision 2009Do1936 Decided June 25, 2009, etc.). In addition, the burden of proving the facts charged in a criminal trial lies on the prosecutor’s burden of proving the facts charged, and the burden of proving the facts charged ought to be based on the evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). Thus, if there is no such evidence, even if there is doubt as to the defendant’s guilt, the determination ought to be based on the profits of the defendant.
(See Supreme Court Decisions 91Do1385 Decided August 13, 1991; 2013Do4146 Decided January 23, 2014, etc.)
2. The facts charged in the instant case are as follows: (a) the Defendant’s campaign speech at a public debate held by a candidate for the president of the DF (hereinafter “DF”) held on February 17, 2012 at a public debate held by the president of the DF (hereinafter “DF”) and the counterpart candidate F served as the president of the DFF before the merger, 3% dividends to its members and employees around 2005.