All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) Although the act of the defendant in this case of mistake of facts stated the dissenting opinion as to the appointment of D party as a candidate for E, the court below accepted the facts charged and sentenced the defendant guilty. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

(2) unconstitutionality of the relevant Public Official Election Act (A) Articles 90(1), 91(1), and 107 of the Public Official Election Act are unconstitutional as it excessively limits the general public’s freedom of political expression compared to that of political parties or candidates.

(B) Article 91(1) of the Public Official Election Act prohibits anyone from using a loudspeaker system for election campaign without any time limit, and Article 107 prohibits anyone from obtaining signatures and seals from electors for election campaign without any time limit. Such restriction without any time limit is in violation of the Constitution as it excessively limits the freedom of political expression.

B. The sentence of the court below (the fine of 800,000 won) declared by the public prosecutor is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the term “election campaign” refers to any act that is advantageous to the necessity for the election or the winning or defeat of a certain candidate, and that is objectively recognized by the intent of promoting the election or defeat of a certain candidate (see, e.g., Supreme Court Decision 2002Do315, Apr. 27, 2004). The former Act on the Election of Public Officials and the Prevention of Unlawful Election Act (amended by Act No. 6265, Feb. 16, 200) provides that “a simple statement of opinion and expression of intention on election shall not be deemed an election campaign” as well as a simple statement of opinion and expression of intention on election, as amended by Act No. 6265, Feb. 16, 200.