The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of 800,000 won.

1. Summary of grounds for appeal;

A. Articles 38 and 247 of the Public Official Election Act provide that "a person who is unable to make a report due to any misunderstanding of facts or misunderstanding of legal principles may make a report of residence voting by obtaining confirmation from the head of the relevant Tong/Ri or Ban, and a person who makes a false report of reported absentees shall be subject to criminal punishment. This does not mean that a person who makes a false report of reported absentees shall be punished in cases of reported absentees, or that the person who made a false report shall

In addition, it is sufficiently recognized that the Defendants had criminal intent to make a false report even when consent is obtained from the relevant reported holders, in full view of the following: (a) the report states that “a person who is unable to move freely due to a serious obstacle to the body,” (b) the public official in charge explained that he/she was “persons who are unable to move freely, other than those who are unable to move freely,” and (c) the Defendants prepared and submitted the report in cases where consent is not obtained from the reported holders.

B. The sentence sentenced by the court below on unreasonable sentencing (Defendant A: fine of 700,000 won, Defendant B: fine of 500,000 won) is too unjustifiable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the Defendants did not meet the requirements for residence voting by the relevant reporter. Defendant A prepared each report report with respect to the total nine of the reported persons, including T, as shown in the attached list of crimes (3); Defendant B prepared each report report with respect to the total of ten reported persons, including U, such as U, as described in the attached list of crimes (4); Defendant A submitted each report to the H Office on November 25, 2012; Defendant B submitted each of the above reported reports to the H Office on November 25, 2012; and Defendant B submitted each of the reported persons to the H Office on November 25, 2012. 2) The lower court determined that the Defendants submitted the false report.