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All of the Prosecutor and the Defendants’ appeals are dismissed.
Reasons
Articles 95(1) and 252(3) of the Public Official Election Act, which are applied to the Defendants by misunderstanding the legal principles of the grounds for appeal, are contrary to the principle of excessive prohibition under the Constitution, thereby infringing on the Defendants’ freedom of election campaign and the freedom of political expression.
In addition, the Defendants were not aware of the above provisions of the Public Official Election Act, and there was no perception of illegality, so their responsibility is dismissed.
The sentence of the lower court (Defendant A: a fine of KRW 1.5 million, Defendant B: a fine of KRW 900,000) is too unreasonable.
The sentence imposed by the court below on Defendant B is too unhued and unreasonable.
Judgment
With respect to the Defendants’ assertion of misunderstanding of legal principles, Articles 95(1) and 252(3) of the Public Official Election Act (Prohibition of Distribution, etc. other than normal methods in newspapers, magazines, or the organ of an institution, organization, or facilities, which carried an article related to the election, shall not be distributed, distributed, posted, posted, or posted, or posted, or posted, or copied the article in a way other than ordinary one, except as otherwise provided for in this Act.
(2) "Techlor about an election" in paragraph (1) means a candidate (including a person who intends to become a candidate).
The term "distribution in a normal way" means either the formation of a political party, or an article favorable or unfavorable to a specific political party (including a preparatory committee for the formation of a new political party), while the term "distribution in a normal way" means issuing and distributing it in the previous method and scope.
(3) A person who violates the provisions of Article 82-7 (5), 94, 95 (1), 98, or 99 shall be punished by imprisonment for not more than three years or by a fine not exceeding six million won.
4. The facts charged of the instant case, which are applicable to omission, shall be elected with the contents of Defendant A’s thick and snick and bottomed.