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Defendant
All appeals filed by the Prosecutor B, C, and D and the appeal filed by the Prosecutor A are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the fact that Defendant A led a meal group and supported a specific candidate during a meal group, even if Defendant A did not actively speak at a meal group, it is reasonable to deem that Defendant A committed the crime of violation of the Agricultural Cooperatives Act through functional control by coprocessing with other Defendants, even if Defendant A did not actively take part in an election campaign, by taking account of the following: (a) the head of an association can recognize support for a specific candidate only by attending an election campaign group where the nature of election campaign is obvious; and (b) Defendant A did not take part in an election campaign for the head of an association, even if he did not take part in his election, there was sufficient motive to participate in the election campaign for the operation of the association and future election for the head of the association.
Nevertheless, the lower court found the Defendant not guilty on the crime of violation of the Agricultural Cooperatives Act, and found the Defendant guilty only on aiding and abetting the violation of the Agricultural Cooperatives Act, thereby adversely affecting the conclusion of the judgment.
B. Each sentence sentenced by the lower court (a fine of two million won, Defendant C’s fine of one million won, and Defendant D’s fine of one million won) is too unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. The co-principal under Article 30 of the Criminal Act is established by satisfying the subjective and objective requirements of crime by functional control based on the intent of co-processing and the intent of co-processing.
A person who does not directly share and implement part of the elements of a crime among the conspiracys may be liable for the so-called crime as a co-principal. However, in order to be liable for such crime, it is simple conspiracys in light of the status, role, control of the progress of the crime, etc. in the whole crime.