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(영문) 인천지방법원 2018.05.11 2017노4034
농업협동조합법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one million won penalty) is too unreasonable.

2. In the instant case, the Defendant, a candidate going out of the election of non-permanent directors of a regional agricultural cooperative, expressed his/her intent to provide money to F as the voting right holder, and the instant crime is not minor.

However, the fact that the defendant fully recognized the crime of this case and resigned from the above candidate with F's report that the crime of this case was not affected by the election, that the defendant was left to a position that was entrusted by local agricultural cooperatives after the crime of this case, and that the defendant has no record of criminal punishment is favorable to the defendant.

In addition, in full view of various sentencing conditions in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, the background and consequence of the Defendant’s commission of the instant crime, means and consequence, the situation before and after the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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