(영문) 광주지방법원 2016.08.17 2016노85 | 리걸엔진

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(영문) 광주지방법원 2016.08.17 2016노85

공공단체등위탁선거에관한법률위반

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (1) mismisunderstanding the facts and misapprehension of the legal principles, and the Defendants did not provide the J with money and valuables for election campaign purposes in relation to the election of the FF president, although they are carrying 300,000 won in cash.

(2) Each sentence of the lower court (Defendant A: a fine of 5 million won, Defendant B: a fine of 2 million won) is too unreasonable.

B. Each sentence of the lower court by the Prosecutor is too uneasible and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts and legal doctrine, Defendant A did not finally leave the FF association president’s election.

However, the judgment of the court below which convicted the Defendants is just, and the Defendants’ assertion is without merit, since it is sufficiently recognized that they provided money to the J, the elector, for the purpose of election campaign, as the person scheduled to run the FF association head at the time of the charge

① On December 5, 2014, at the committee for the election of the head of a cooperative nationwide conducted on March 11, 2015, Defendant A appeared as a candidate for an election of the head of a cooperative. Defendant A was indicted for committing an illegal election campaign for Defendant A from January 1, 2015 to February 1, 2015, and was subject to criminal punishment.

② The J consistently made a statement at an investigative agency to the effect that “Defendant A has given money to assist in an election for the president of the F Association,” and the lower court stated to the effect that “Defendant A has given money to assist well in the future.”

B. The Defendants’ act of offering money or goods in the course of an election of the president of an association is highly likely to undermine the fairness and transparency of the election, and there is a need to strictly punish the Defendants.

Defendants commit a crime up to the trial.

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