The judgment of the court below is reversed.

The defendant is acquitted. The defendant is dismissed from filing a motion for adjudication on constitutionality of law.

1. Summary of grounds for appeal;

A. The act of expressing one’s political opinion using the Twitter, a kind of SNS (hereinafter “SNS”) by the Defendant does not constitute an election campaign under the Public Official Election Act, or the act of the Defendant does not constitute an election campaign under the Public Official Election Act because it is merely a statement of support or opposition to the recommendation of the candidate of a political party. Even if the Defendant’s family act constitutes an election campaign, limiting it in addition to the election campaign period is unconstitutional since it violates the principle of equality and the principle of excessive prohibition.

B. The sentence of the lower court (one million won of a fine) is too unhued and unreasonable in light of the overall sentencing conditions of the prosecutor (unfair sentencing).

2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. The summary of the facts charged in the instant case is that the Defendant, who works in Twitter as AE, was willing to implement a abortion campaign against the National Assembly members belonging to the F Party in relation to the 19th election of National Assembly members on April 11, 2012.

From May 10, 201 to November, 11, 2011, the Defendant posted a notice to “E” as “F Party A, H, and Gangnamdong” at the Defendant’s house located in Seoyang-gu G 804 607 Dong-gu, Seoyang-gu, Seoyang-gu, J. 607, and “E,” and posted a notice to 19 members of the National Assembly who belong to the F Party as indicated in the attached list of crimes.

Accordingly, the Defendant carried out an election campaign prior to the election campaign period.

B. As to the argument that the defendant's act does not constitute an election campaign stipulated in the Public Official Election Act, anyone can freely engage in an election campaign except where it is prohibited or restricted by the Public Official Election Act or any other Act (Article 58 (1) and (2) of the Public Official Election Act), and Article 58 of the Public Official Election Act.