The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Notwithstanding Article 38 of the Criminal Act, Article 18(3) of the Public Official Election Act provides that a separate sentence shall be imposed on concurrent crimes with crimes under Article 18(1)3 of the Public Official Election Act, and other crimes. Although there is no express provision under the Agricultural Cooperatives Act, the above provision under the Agricultural Cooperatives Act should be applied to separate crimes against the defendant and punishment for the remaining crimes.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 800,000) is too uneased and unreasonable.

2. Determination

A. Article 18(3) of the Public Official Election Act provides that a separate sentence shall be imposed on concurrent crimes with the crimes provided for in Article 38(1)3 of the same Act and other offences, notwithstanding Article 38 of the same Act. The purport of this provision is that the application of Article 38 of the Criminal Act shall be excluded in order to minimize the impact of other crimes than the election crimes on the sentencing of the election crimes, and the punishment shall be imposed separately. Since this is an exception to Article 38 of the Criminal Act, which is the general provision on the treatment of concurrent crimes, Article 38 of the Criminal Act, which is a general provision on the treatment of concurrent crimes, in order to exclude the application of Article 38 of the Criminal Act to other election crimes to which the Public Official Election Act does not apply, and to separate sentence on concurrent crimes for which other crimes

Article 173 of the Agricultural Cooperatives Act provides that "If the elected person in an election of an officer of a cooperative or the National Federation commits a crime as provided in Article 172 in the relevant election, and is sentenced to imprisonment or a fine exceeding one million won, his election shall be invalidated." Thus, even in an election of an officer of an agricultural cooperative, other crimes than election crimes need to be minimized to influence the sentencing of election crimes, but for this purpose, the provisions of Article 38 of the Criminal Act and Article 38 shall apply.