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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental statements of grounds of appeal filed after the lapse of the period for submitting the grounds of appeal).
1. The restriction of the period of an election campaign itself does not excessively restrict political fundamental rights, and the extent of the period of an election campaign is left to a legislative policy. Thus, the specific period cannot be deemed as unconstitutional unless it is deemed that the excessive restriction is made to the extent that the freedom of election campaign would be mitigated.
Article 59 of the former Public Official Election Act (amended by Act No. 14556, Feb. 8, 2017; hereinafter the same) provides that an election campaign shall be carried out only by the day before the election day, and Article 254 (1) of the former Public Official Election Act provides that a person who conducts an election campaign on the day before the election day shall be punished.
The purpose of this is to ensure that the election campaign on the day of election is likely to have the direct influence on the choice of voters, so it is highly likely that the election campaign would be carried out indiscreetly by candidates, so that the exercise of voting rights can be carried out in an orderly and orderly manner by prohibiting it, and that there is a defect that does not adversely affect the free and reasonable decision-making of electors by the election campaign on the day of election.
If we consider the attitude of election in Korea and the practical necessity, it cannot be seen that Article 254(1) of the former Public Official Election Act excessively infringes on the freedom of election or the freedom of election campaign, thereby violating the Constitution.
In addition, Article 254 (1) of the former Act on Election of Public Officials is punishing a person who conducts an election campaign before the time of voting close on the election day, regardless of the type of the election campaign.
This is because the illegality of election campaign in the election day is more important than the ordinary advance election campaign because it can interfere with the right choice of voters or impair the peace of voting process.
Therefore, the Gu.