공직선거법위반등
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 700,000.
The above fines are imposed by the Defendants.
1. Progress of litigation;
A. The prosecutor of the judgment of the court below prosecuted the Defendants on the violation of each Act on Election of Public Officials (the violation of the method of transmitting text messages of automatic broadcast messages, the violation of the method of sending text messages of automatic broadcast messages, the distribution of documents by unlawful means, the prior election) and the violation of political funds law (the violation of political funds), and the violation of political funds law (the violation of political funds) by attached Table No. 61 through 64, and the court below convicted the Defendants of all the charges and sentenced the Defendants to a fine of KRW 80,000,000,000.
B. 1) With respect to the judgment of the court below prior to remand, the defendants appealed and appealed respectively for the reason that the judgment of the court below is erroneous in the misapprehension of legal principles and the sentencing. The reasons for appeal as to the misunderstanding of legal principles of the defendants are as follows.
A) Regarding violation of the Public Official Election Act, ① Violation of the method of transmitting text messages of automatic broadcast communications and transmission of text messages listed in the table of crime attached to the prior election campaign does not constitute an election campaign because they are merely ordinary, courtesy, or social acts.
② Interpretation that the act of transmitting automatic broadcast text messages, including documents, by unlawful means, constitutes a distribution of documents, etc. by unlawful means is impermissible against the purport of Article 93(1) of the Public Official Election Act (amended by Act No. 9974, Jan. 25, 201) that limits the constitutionality of the Constitutional Court’s decision on Article 93(1) of the same Act (see Constitutional Court Decision 2007Hun-Ma1001, Dec. 29, 201; 2001Hun-Ba 88, 2010Hun-Ba 88, 2010Hun-Ma 173, 191; 2010Hun-Ma 173, 191; e-mails on the Internet homepage, etc.).
B) Since the transmission of text messages listed in the annexed list of crimes related to the violation of political funds law does not constitute an election campaign, Defendant A was above Defendant B.