The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (a.5 million won of a fine) is too unhued and unreasonable.

2. The residence voting system is highly likely to be denied because it enables persons without any public authority to vote at their residence without the management of any public agency. Since the defendant, instead of reported persons, is in a situation where the voting by the senior citizen who is a patient with the nature of the elderly, such as dementia, is close to the impossibility of voting by the senior citizen who is a patient with the nature of the elderly, such as dementia, and thus, the crime of this case is committed not only against the free will of the eligible voters, but also against the fairness of the election, which is the foundation of democracy, because the voting will of other persons than the principal can be reflected in the election, and the situation of the defendant's false reported number of persons eligible for absentee voting is not somewhat weak.

In addition, it cannot be deemed that the possibility of criticism is small in light of the fact that the defendant made an absentee report in the name of the above patient by stealing the personal information of the patient without obtaining the consent or consent of the patients including E and 36 patients.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant does not have criminal records punished for the same crime, and all of the crimes of this case are recognized, and is against the mistake.

Since the crime of this case led to the absentee voting, it did not actually affect the fairness of the election.

The defendant shall not be deemed to have committed the crime of this case in order for the defendant to evade a specific candidate or cast a proxy vote.

These circumstances are favorable to the defendant.

In addition, considering the various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too uneasible and unreasonable.