The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (legal scenario) pertains to “Obstruction of another’s exercise of rights,” and the instant facts charged did not practically undergo deliberation and determination as to the possibility and necessity of institution of public prosecution in the Daejeon High Court’s decision to dismiss an application for adjudication (hereinafter “decision to dismiss the application for adjudication of this case”).

Therefore, although the court below should have made a substantive judgment on the facts charged in this case, it erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. In light of the purport of the decision to dismiss the application for the ruling of this case, the lower court determined that the indictment of this case was unlawful in violation of the latter part of Article 262(4) of the Criminal Procedure Act, on the following grounds: (a) although the name of the crime of non-prosecution disposition, which was the basis of the application for the ruling of this case, and the name of the crime of the indictment of this case, is different; (b) the facts charged are as follows: “Defendant was deprived of the possession of the apartment of this case on August 22, 2017; and (c) the fact that the decision to dismiss the application of this case was made on the premise that there was a non-prosecution disposition and the rejection of the appeal regarding the obstruction of the exercise of right; and (d) it is deemed that the deliberation and the decision was practically made on the possibility and necessity of the institution of public prosecution.” On the premise that the materials submitted by the prosecutor alone are insufficient to be deemed as falling under

Examining the reasoning of the judgment below in comparison with records, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of legal principles as alleged by the prosecutor.

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