The prosecutor's appeal is dismissed.

1. There is a defect in the procedure of selecting the victim as the chairperson of the representative council of occupants of the apartment B apartment B (hereinafter “the apartment of this case”) in the former North Korea-gun (hereinafter “the apartment of this case”).

Even if it is difficult to view it as a serious defect, and it is reasonable for the victim to maintain the position of the president of the representative council of occupants until the new president is elected, the victim shall attach a written public notice (hereinafter referred to as the "written public notice of this case") to the effect that the temporary resident representative council was not held as a quorum under the relevant provisions, and the details of the public notice are to guarantee the resident's right to know, and there is a problem that the victim attached a written public notice.

In full view of the fact that the defendant could have expressed his position by posting a rebuttal, the court below found the defendant not guilty of the facts charged in this case, and erred by misapprehending the legal principles, since the defendant could not be viewed as a legitimate act by removing the written public notice.

2. Determination

A. On September 2, 2017, the Defendant: (a) removed a total of 24 pages of “Public Notice (the second meeting of occupants’ representatives)” in the market price, which is the victim C owned by the victim C, installed at the entrance and in the elevator, from the apartment of the former Northwest-gun, the Defendant around 12:30 on September 2, 2017.

Accordingly, the defendant has damaged the victim's property.

B. The lower court, while explaining the grounds for its determination in detail, found the fact that the Defendant removed the written public notice of this case, but the written public notice of this case is publicly announced by the victim as the chairperson of the tenant representative council of the apartment complex. However, due to the defect in the organization of the tenant representative council and the procedure for election of the chairperson, the victim may make such public notice as the chairperson of the tenant representative council.