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(영문) 청주지방법원 2015.05.21 2015노73
농업협동조합법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances favorable to the defendant are as follows.

The Defendant provided money to one of the members of the standing director personnel recommendation committee only for his/her own election, and the F, who received money from the Defendant, returned the money to the Defendant after this mold.

The defendant has served in D Agricultural Cooperatives for about 36 years in good faith and has made efforts to develop D Agricultural Cooperatives.

The defendant has no record of criminal punishment prior to the crime of this case.

The defendant supports a number of families with three standings, such as the elderly and the disabled.

The circumstances unfavorable to the defendant are as follows:

The defendant's crime of this case is a crime that seriously undermines objectivity and fairness in the process of election of local agricultural cooperatives and needs to be eradicated.

The defendant becomes a standing director of the D Agricultural Cooperative and provided money directly to the members of the Standing Director Personnel Recommendation Committee in charge of the most important role in the election process, and the amount of money provided is not much.

In full view of the various circumstances surrounding the above defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too heavy or unreasonable.

The defendant and prosecutor's assertion are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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