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The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 80,000.
The above fine shall be imposed on the defendant.
Reasons
1. On October 16, 2012, the lower court found the Defendant not guilty on the ground that the violation of the Community Credit Cooperatives Act by door-to-door visit among the facts charged in the instant case constitutes a case where there is no proof of crime. Recognizing the remainder of the facts charged, the lower court found the Defendant guilty only, and sentenced the Defendant to a fine of KRW 2 million. The portion of the Defendant’s acquittal, which the prosecutor did not appeal as it is, became final and conclusive as it is, on the grounds that only the Defendant appealed
2. The summary of the grounds for appeal presented an assertion of mistake of facts, but withdrawn from the third trial of the first instance trial.
The punishment of the court below (2 million won of fine) is too unreasonable.
3. In determining the crime of this case, the crime of this case was committed in violation of the legislative purpose of the Community Credit Cooperatives Act to promote a fair election culture and prevent illegal elections, and thus causing considerable confusion and division in the community, the crime is disadvantageous to the defendant.
However, there are no criminal records related to the election as well as criminal records of imprisonment without prison labor or heavier, and the defendant raised various suspicions of illegal election campaigns, such as spraying money and valuables in the election campaign process, door-to-door visits, etc. after the election of the other candidate, but the investigation results show that the part prosecuted as a result of the investigation was considerably insignificant in view of the amount of entertainment, the mode of expression of intent to offer benefits, the number of subjects, etc., and the part of the door-to-door visits was finally acquitted by the court below, and the defendant has been constantly contributed to the development of the community through various donations and volunteer activities for a long time. Above all, the defendant has been elected by the president of the D Saemaul Bank and various indexes.