공직선거법위반
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 700,000 won, and a fine of 800,000 won.
1. Summary of grounds for appeal;
A. Defendant A (i) stated in the Defendant’s statement of grounds of appeal by misunderstanding the legal principles and the statement of grounds of appeal by the Defendant is merely an unreasonable sentencing, and there is no indication as to the specific contents, but the statement in the trial in question is
The act of sending text messages (hereinafter “the instant text messages”) linked to the mobile name box (hereinafter “the instant mobile name box”) as indicated in the holding of the court below is not an election campaign in light of the following: (a) the act of sending text messages (hereinafter “the instant text messages”) is ① the creation of an official title, such as M’s educational background, career, etc.; (b) there is no support for the election; (c) there is no reasonable distance from the election time during November; (d) there was no purpose or awareness of the election campaign; and (e) the sending of text messages to the persons who have been formally managed.
【The sentencing of the lower court (one million won of fine) is too unreasonable.
B. Defendant B (i) mistake of facts and misapprehension of legal principles in the instant text messages, ① there is no text of support in the M market, ② If you look at text messages stating “MM market’s mobile name,” the two-way structure of “the use and connection of smartphones.” Its content is the fact that MM market’s educational background, career, photograph, etc. is known, ③ the Defendant does not transmit the instant text messages in recognition of the election campaign, ④ there are many persons who do not have the right to receive the instant text messages, ⑤ there are considerable differences between the time of delivery and the time of delivery, etc., the transmission of the instant text messages does not constitute an election campaign.
【The sentencing of the lower court on the grounds of unreasonable sentencing (the fine of 1.5 million won) is too unreasonable.
C. Article 254(2) of the Public Official Election Act provides that “A person who conducts an election campaign except as otherwise provided in this Act shall be punished before the election campaign period is completed.”
(b) an ordinary person;