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Defendant
The judgment of the court below against B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
However, Defendant B.
Reasons
1. The summary of the grounds for appeal asserts that the punishment (the imprisonment of 10 months for the defendant A, the imprisonment of 8 months for the defendant B, and the additional collection of 50,000 won) declared by the court below is too unreasonable.
2. It is recognized that Defendant A partially recognized the instant crime and reflects the fact that Defendant A voluntarily waived the registration of a candidate for the president of the K Livestock Industry Cooperatives (hereinafter “Union”) and that there was no record of criminal punishment other than a fine of KRW 1 million in violation of the Protection of Wild Fauna and Flora Act around 2009.
However, Defendant A’s act of committing the instant crime is an expression of intent to provide R with KRW 200,000 for the purpose of conducting a prior election campaign by visiting its members seven times, providing Defendant B with KRW 500,000 for the purpose of conducting an election campaign. Defendant A expressed an intention to provide R with KRW 200,000 for the purpose of preventing R from becoming a candidate for the president of the association.
The election of the head of a regional agricultural cooperative is narrow in the scope of constituency or elector, and the voters are relatively small, and there is a relatively high possibility of excessive consignment election or election campaign due to provision of money and goods within a specific group emphasizing mutual recognition and objection, and there is a significant impact on election, and there is still no response to illegal acceptance of money and goods in the process of election such as the head of a cooperative under the Agricultural Cooperatives Act, the Fisheries Cooperatives Act, the Fisheries Cooperatives Act, and the Forestry Cooperatives Act, and so on. Therefore, it is pointed out that the fairness of election of the head of a cooperative is not sufficiently secured, by regulating the uniform regulations on election procedures, etc. prescribed differently by individual Acts, thereby respecting the autonomy of public organizations, etc., while maintaining a clean and fair election.