(영문) 인천지방법원 2015.04.23 2014노4283 | 리걸엔진

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(영문) 인천지방법원 2015.04.23 2014노4283

농업협동조합법위반

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 800,000.

The defendant above.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment does not clearly state that the defendant sent text messages to most of the voters representatives who are electors repeatedly over three times, and repeatedly sent text messages to the E Union non-standing director elections, or that the defendant confessions and reflects the fact that the defendant does not actively appeal to support the contents of text messages sent by the defendant, but merely states that the defendant's mark and name are prohibited from election campaign by sending text messages at the time of candidate registration and sign drawing. From the ordinary perspective, if the contents of the E Association articles of association include only the part of the E Association articles of association issued with sign drawing, there was sufficient room for misunderstanding that the defendant's election campaign is permitted by sending text messages. The defendant did not send text messages to representatives any more than after receiving text messages from the E Association Election Commission to the election day, and that the result of the election cancellation does not change due to the crime of this case.

In full view of these circumstances, Defendant’s character, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the arguments, it is deemed that the sentence of the lower court is somewhat inappropriate.

3. If so, the defendant's appeal is reasonable, and the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The Court shall have jurisdiction over the summary of such evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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