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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), the Defendant’s exercise of voting rights in the election of the president of the Association of Persons with Disabilities with Disabilities at Ch Time is not the principal’s business but the representative of the branch association, and thus, the Defendant is a person in charge of another’s business. Therefore, even though the facts charged against the Defendant can be fully recognized, the lower court acquitted the Defendant. In so doing, the lower court erred by misapprehending the legal doctrine or adversely
2. Determination
A. The summary of the facts charged in the instant case appears to have been written in writing by the Defendant, in light of the evidence submitted by the branch of the C visual Disabled Association and the prosecutor of the D visual Disabled Federation, and the written opinion on May 20, 2015, “D visual Disabled Federation” appears to have been written in writing by the Association of Persons with Disabilities, an incorporated association E.
As a representative, there is a duty to fairly exercise voting rights as a representative of a member of the Association of Persons with Disabilities at C at the election of the chairperson of the Association of Persons with Disabilities.
In violation of the above duties, the Defendant, through F around February 26, 2014, acquired KRW 1,200,000 in return for the illegal solicitation to support himself/herself from G participating in the election of the president of the Association of Persons with Disabilities in 2014.
B. The lower court found the following facts based on the evidence duly adopted and examined by the lower court.
A) An association for visual disabled persons, E (hereinafter referred to as the “Association”) is an organization established for the purpose of integrating different opinions between persons with visual disabilities and related organizations, and organizations and institutions under its control as representative organizations of institutions, improving political, social, economic, and cultural status of visually disabled persons, promoting the promotion of the welfare of visually disabled persons and the protection of their rights and interests, and realizing the principle of complete social participation and equality (the articles of association of the Union).