Defendant

All appeals filed by B and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: fine of 700,000 won, Defendant B: fine of 4,000,000 won) is too unhued and unreasonable.

B. Defendant B’s punishment is too unreasonable.

2. Determination

A. The following determination on Defendant A is an unfavorable circumstance to the Defendant.

In the case of an election for the head of a regional livestock cooperative, the scope of election districts or electors is narrow, the number of eligible voters is relatively small, and due to the characteristics of the election in a specific group, there is a high possibility of an excessive election or an election for the head of a regional livestock cooperative. Therefore, it is necessary to punish those who violate the election-related laws and regulations.

The defendant has participated in the planning of an election campaign by taking advantage of the status of the president of the association.

On the other hand, the following conditions are favorable.

The defendant is against his own crime.

The defendant has no power of the same kind.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the instant records and arguments, the Prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and inappropriate.

B. The instant crime committed against Defendant B is one of the crimes committed by the public and private organizations for the purpose of election campaign, which may undermine the fairness and transparency of election, and there is a need for strict punishment.

On the other hand, the following points are favorable to the defendant.

Defendant reflects the instant crime.

In fact, the crime of this case does not seem to have a significant impact on the election result.

The defendant has no power of the same kind.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the prosecutor and the prosecutor are not deemed to be unfair because the lower court’s punishment is too heavy or unreasonable.