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(영문) 청주지방법원 2016.01.29 2015노808
공공단체등위탁선거에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of the suspended sentence of six months) is too unreasonable in light of the gist of the grounds for appeal.

2. The Defendant appears to have committed the instant crime in a net manner and committed the instant crime in depth.

In addition, there is no particular criminal punishment for a defendant, except for a defendant who has been punished twice as a result of a crime of this kind.

In addition, the fact that the defendant is seen to have engaged faithfully in agriculture due to the receipt of commendation from the head of the agricultural promotion office, etc., and the defendant's family and club members want to take a preference against the defendant, etc. should be considered in favor of the defendant in the decision-making process of the punishment against the crime of this case.

However, the instant crime provided KRW 1 million to G, the elector of the election on the interest of the union members, in order to promote his election.

Such an act is against the legislative intent of the Act on Entrusted Elections, such as public organizations that intend to promote a clean and fair election in the election of the president of an agricultural cooperative, and the illegality of such an act is not weak.

In addition, the defendant appears to have been elected to the president of the partnership due to the difference in nine votes (303 pages of the defendant's prosecutor's statement and investigation records), and the possibility that the defendant's crime of this case had a certain influence on the result of the election can not be ruled out completely.

In addition, the favorable circumstances mentioned above have already been fully reflected in the judgment of the court below.

In full view of the fact that the above amount appears to have been received from the defendant and the balance with the degree of punishment for the above G (one year of suspended sentence of imprisonment with prison labor for April) and other circumstances that are conditions for sentencing, such as the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, the sentencing of the court below is too unreasonable.

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