1. As to the Prosecutor’s Grounds of Appeal

Article 37 (1) of the Farmland Improvement Association Act provides that no person shall provide money or goods to an elector for the purpose of getting a specific person elected as an executive or not elected. Article 99 of the Act provides that a person shall be punished for a violation of the definition of an elector. However, according to the records, Article 18 (2) of the Act provides that matters necessary for the election of executive officers of the Yeongsan and Seomjin Farmland Improvement Association shall be governed by the regulations on the election of executive officers, and Article 2 of the above regulations on the election of executive officers of the Farmland Improvement Association shall be governed by the regulations except as provided in the Acts and subordinate statutes and the articles of association, and Article 4 provides that "any person who is 20 or more years of age as of the election day from among those registered in the list of members shall be entitled to vote on behalf of another person." Since Article 9 of the Farmland Improvement Association is an autonomous organization organized by its members to defend their interests, it shall be interpreted that the regulations on the election of executive officers of the Farmland Improvement Association are not effective by the articles of association and the regulations on the Farmland Improvement Association Act.

Therefore, in the case of the said farmland improvement association, the issue of whether the elector is "the elector" under Article 37 (1) of the Farmland Improvement Association Act shall be determined only after the date of public announcement in accordance with Article 4 of the above executive election regulations. Thus, the crime of Article 99 of the same Act shall be established only when the money is provided after the date of public announcement, and the act before the public announcement shall not be deemed to be the provision of money to the elector under the principle of no punishment without the law

In addition, the above interpretation should not change on the ground that the registration on the electoral register under Articles 5 and 11 of the above Regulations on the Election of Executive Officers does not create an electoral right, but only has the effect of confirming it, or that Article 37(2) of the Farmland Improvement Association Act provides that "a person who wishes to be an officer shall not visit the elector by door or gather it at a specific place from the date of public announcement on the election day to the election day."

In the same purport, the decision of the court below is justified because the provisions of Articles 99 and 37 (1) of the Farmland Improvement Association Act cannot be applied to the acts before the date of public announcement, and thus, the decision of the court below which acquitted the facts charged in the attached Forms 1 through 17 of the judgment below is justified. There is no reason to hold that the court below erred in interpreting

2. As to the grounds of appeal by the defendant and his defense counsel

A. As to erroneous determination of facts, misapprehension of legal principles, and omission of evidence due to erroneous determination of evidence

In light of the records, the judgment of the court below is just in finding the defendant guilty of the crime in the annexed Form 18 of the judgment below based on macro-written evidence, and there is no error as to the theory of lawsuit. There is no reason

B. On the issue of unfair sentencing

In this case where a minor sentence is sentenced to imprisonment with labor for more than ten years, the reason that the amount of punishment is unreasonable is not a legitimate ground for appeal. The argument is without merit.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jae-soo (Presiding Justice)