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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principle, the Defendant conducted a competition campaign, which is a method of competition campaign permitted pursuant to Article 57-3 (1) 1 of the Public Official Election Act, with the “act of resisting support” under Article 60-3 (1) 2 of the Public Official Election Act, and Article 91 (1) of the Public Official Election Act, which is a provision that restricts use of loudspeaker systems in election campaign, cannot be deemed to apply to the competition campaign. Thus, the Defendant’s appeal for support by using loudspeaker systems in the process of the competition campaign cannot be deemed to violate the method of the competition campaign. 2) Even if Article 91 (1) of the Public Official Election Act applies to the family competition campaign, Article 91 (1) of the Public Official Election Act (hereinafter “Public Official Election Act”), the above provision is null and void in violation of the principle of proportionality, etc.
B. The lower court’s sentence on the Defendant of unreasonable sentencing (a fine of KRW 700,00) is too unreasonable.
2. Determination
A. As to the assertion that there is no violation of the method of competition campaign, Article 57-3(1) of the Public Official Election Act provides that "no competition campaign shall be conducted in the intra-party competition where a political party grants voting rights to party members and those who are not members, by any means other than those falling under any of the following subparagraphs." Subparagraph 1 and 2 of Article 60-3 are limited to the method of competition campaign, and subparagraph 2 of the same Article provides that "the method under Article 60-3(1)1 and 2", "the method in which a political party distributes only one kind of promotional materials prepared by any competition candidate", and subparagraph 3 of the same Article provides that "the method in which a political party holds a joint speech meeting or joint debate indoor".
Article 57-3 (1) 1 of the Public Official Election Act shall apply mutatis mutandis.