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(영문) 창원지방법원 2015.12.10 2015노2508
공공단체등위탁선거에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. It is recognized that there is no record of punishment other than the punishment of a fine imposed five times, there is no record of the same kind of crime, and the defendant was coming to the place of the president of the partnership around October 2015.

However, the act of offering money by visiting electors as a candidate for the election of the head of a cooperative requires to be punished strictly. In particular, once the first election of the head of a cooperative throughout the country, which was enforced on March 11, 2015, the act of distributing money and valuables throughout the country, etc. In order to ensure the fairness and transparency of the election of the head of a cooperative throughout the country, even if the sentence is inevitable, the crime related to money and valuables in this case is committed to ensure the fairness and transparency of the election of the head of a cooperative throughout the country. The defendant cannot be deemed to have committed an election as a total of 2.5 million won, which is disadvantageous to the defendant. The crime in this case is committed at the end of the immediately preceding day before the election day of the head of the cooperative. In full view of the circumstances that there is no special circumstance or circumstance that can be newly considered in the sentencing after the sentence of the court below, the defendant's age, character and behavior, environment, motive and method of the crime, the motive and method of the crime in this case and the records are inappropriate.

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

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