The prosecutor's appeal is dismissed.

1. In light of the seriousness of the grounds for appeal in light of the gravity of the election crimes, the punishment (one million won of fine) imposed by the court below is too uneased and unfair.

2. The crime of this case, based on the following facts: (a) the Defendant prepared an absentee report even though he was not delegated by two persons who had no mental capacity or ability to change due to brain diseases, etc. among the medical care providers admitted to social welfare facilities, and submitted it to the public officials in charge for reported absentees; and (b) submitted it falsely to the public officials in charge for reported absentees; (c) not only contravenes the free will of voters but also violates the freedom of voters; and (d) there is a risk of undermining the fairness of election, which is the foundation of democracy, by reflecting the voting intent of others

However, considering the following circumstances, the defendant's age, character and behavior, environment, motive and means of crime and consequence of crime, etc., including the fact that the defendant all recognized the crime, the defendant did not seem to have committed the crime in this case with the intention to support a specific candidate or to exert undue influence on election, and that it does not actually lead to absentee voting after the crime in this case, and that it does not practically affect the fairness of election, and that the defendant does not have any specific criminal power as well as the defendant was sentenced to a fine of KRW 300,000 as a violation of the Punishment of Violences, etc. Act on December 15, 200, the defendant's age, character and behavior, environment, motive and means, and consequence of crime, as well as the circumstances after the crime, the court below's sentence against the defendant in this case against the defendant is deemed to be unfair because the sentence imposed by the court below is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.