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(영문) 서울남부지방법원 2016.01.07 2015노1272
중소기업협동조합법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the crime of this case, among the election crimes detrimental to the fairness of the election, is the most poor criminal, the provision of money and valuables, the fact that M which requested support by the defendant was elected because the provision of money and valuables had an influence on the actual election, has a significant nature of the crime, and the defendant has concealed truth without being contradictory to the truth, such as recognizing only the part necessary for receiving minor punishment, etc., and it is unfair that the sentence (two years of suspended execution in October) imposed by the court below is too uneasible.

2. The judgment of the court below seems to have been given an opportunity to feel and reflect his/her criminal responsibility while living in prison for a period of three months, and the court below suspended the execution of the sentence against the defendant in need of giving the defendant an opportunity to reflect his/her criminal responsibility in society instead of being isolated in society in full view of various circumstances.

In addition, compared with the various circumstances that are the conditions for sentencing as shown in the records and pleadings, including the background leading up to the instant crime, equity with the punishment on other matters similar to the instant case, Defendant’s age, environment, and sexual intercourse, the sentencing reasons of the lower judgment do not seem to be unfair since the Defendant’s punishment against the Defendant is too uneasible.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 of the Regulation on Criminal Procedure: Provided, That it is corrected that “the first am light light of December 2015” was applied to “the first am light of December 3, 2014,” among the criminal facts No. 3 in the annexed crime No. 25 of the judgment of the court below, to “the first am light of December 2014.”

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