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The defendant's appeal is dismissed.
Reasons
1. Article 93(1) of the Public Official Election Act, which applies in the instant case, is in violation of the principle of proportionality, thereby infringing on the freedom of political expression.
When the defendant operates his own vehicle by attaching a warning to his own vehicle, the defendant only expressed the real sense of the former market and did not have an intention to influence the election.
The sentence of the lower court (a fine of 1.5 million won and confiscation) is too unreasonable.
2. Determination
A. As to the assertion of unconstitutionality under Article 93(1) of the Public Official Election Act, Article 93(1) of the Public Official Election Act prevents the harm of imbalance caused by unfair competition in election campaigns and the difference in economic power among candidates, and prevents unlimited posting of documents, printed materials, etc. in order to achieve the freedom and fairness of election. As such, legitimacy of the purpose and the suitability of means is recognized. Considering the characteristics of Korean election culture, only regulating “an act of expression corresponding to election campaign” for the purpose of influencing the election from 180 days before the election day before the election day when the plan and preparation for election campaign is in fact begins to take into account the characteristics of Korean election culture, the document or printed materials are regulating only “an act of expression corresponding to election campaign” for the purpose of affecting the election from 180 days before the election day until the election day. Since it is not possible to immediately correct the information and opinion which are delivered and received unilateral and passive, it is different from the Internet that the effect of the election peace and fairness of election can be easily produced and distributed by voters.
(see, e.g., Supreme Court Order 2011HunBa17, Apr. 24, 2014). This part of the Defendant’s assertion is without merit.
B. As to the assertion that there was no objective of affecting the election.