Defendant

Prosecutor

Lee Sung-hoon

Law Firm Locom et al., Counsel for the defendant-appellant

Gwangju District Court Decision 2008 Godan3706 Decided July 23, 2009

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

Seized 10 copies (No. 1) of dives of 10 dives of originals shall be confiscated.

In order to order the provisional payment of an amount equivalent to the above fine.

1. Summary of grounds for appeal;

The sentence of the lower court (a fine of KRW 800,00) is too unhued and unreasonable.

2. Determination

Since the Agricultural Cooperatives Act has a significant impact on the people engaged in agriculture as one of the important autonomy and cooperative organizations of the rural areas in Korea, and the Agricultural Cooperatives Act provides strict procedures and methods for the election of executive officers so that executive officers may be elected by the lawful procedures, the act of receiving money and goods in relation to the election of executive officers of an agricultural cooperative may be strict in that it impairs the objectivity and fairness of the election. The crime of this case is likely that the defendant, who is the candidate for the election of the head of the agricultural cooperative association, has harmed the fairness of the election by providing money and goods to the electors at the time when the election is held at the time when the election is held at the time of the election, such as providing money and goods to the electors at the time of the election, making a door-to-door visit, etc., and thus, it is judged that the punishment imposed by the court below is unreasonable in full view of all the sentencing conditions of this case, including the defendant's age, character and conduct, and environment, etc.

3. Conclusion

Therefore, 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 it is again decided as follows.

The summary of the criminal facts and evidence of the defendant recognized by this court is the same as that of each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 172(1)3 and 50-2(1) of each Agricultural Cooperatives Act (the violation of the Agricultural Cooperatives Act due to provision of money and other valuables, the selection of fines), 172(2)1 and 50(2) (the violation of the Agricultural Cooperatives Act due to door-to door visit, and the selection of fines)

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Lee Jin-su (Presiding Judge)