공직선거법위반등
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 500,000.
The above fines are imposed by the Defendants.
1. Summary of grounds for appeal;
A. Defendants 1 (A) Violation of the method of transmitting automatic broadcast text messages and the Defendants’ prior election campaign using the attached Form of the lower judgment is invoked.
The transmission of text messages on the crime sight table (hereinafter “instant text messages”) is merely ordinary, ordinary, and social acts and does not constitute an election campaign.
B) Interpretation that the act of transmitting text messages of this case through automatic broadcast communication, such as documents under the law, constitutes an election campaign by unlawful means under Articles 255(2)5 and 93(1) of the Public Official Election Act, is prohibited against the purport of the Constitutional Court’s limited decision of unconstitutionality (the Constitutional Court en banc Decision 2007Hun-Ma101, 2010Hun-Ba8, 2010Hun-Ba173, 191, etc.) that “an act of transmitting text messages of this case through automatic broadcast communication” does not constitute “an act of posting text messages, such as writing or video, on the Internet homepage, etc. or transmitting e-mails” under Article 93(1) of the Public Official Election Act (the Constitutional Court en banc Decision 2007Hun-Ma101, 2010Hun-Ba8, 2010Hun-Ma173, 191). Therefore, even if Defendant A received the expense required for transmitting the text messages of this case from Defendant B, Defendant B cannot be deemed an unlawful act of receiving political funds.