In a case where the Defendant, who is a public official, was prosecuted for violating the Public Official Election Act by sending Kakakakao text messages to the public prior to the election campaign period, the case affirming the judgment below holding that only the punishment under Articles 255(1)2 and 60(1)4 of the Public Official Election Act was imposed by simply sending text messages permissible to the public, and that such punishment is not imposed under Article 254(2) of the Public Official Election Act.

Article 59 Subparag. 2, Article 60(1)4, Article 254(2), and Article 255(1)2 of the Public Official Election Act

Defendant

Prosecutor

Daejeon High Court Decision 2014No394 decided December 5, 2014

The appeal is dismissed.

The grounds of appeal are examined.

The lower court determined that Defendant, who is a public official prohibited from an election campaign, conducts an election campaign by simply transmitting text messages permitted to the general public prior to the election campaign period in the ○○ market election, which is held on June 4, 2014, on the sole basis that only constitutes punishment under Articles 255(1)2 and 60(1)4 of the Public Official Election Act, and does not constitute punishment under Article 254(2) of the Public Official Election Act, and that the facts charged as to the violation of the election campaign period fall under the case where the offense is not committed, and thus, acquitted

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on Article 254(2) of the Public Official Election Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kwon Soon-il (Presiding Justice)