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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
【Judgment on Grounds for Appeal】
1. The lower court found the Defendant guilty of all the facts charged of this case on the ground that the Defendant, based on the management rules amended around June 6, 2012, drafted a document as the chairperson of the election commission composed of around June 11, 2012, as a basis for the amended management rules, and thus, it cannot be deemed that he/she was qualified as another person’s agent or representative. In so determining, the lower court erred by misapprehending
2. Determination
A. According to the evidence duly adopted and examined by the court below, (1) A apartment (hereinafter referred to as “instant apartment”) consists of the council of occupants’ representatives consisting of 14 representatives, each of whom is composed of 609 households, and D was in office as the president of the council of occupants’ representatives; (2) according to the management rules of the instant apartment (amended by November 27, 201; hereinafter referred to as the “former management rules”), the election commission organized to elect representatives of each Dong shall be automatically dissolved when a public announcement of the list of representatives of each Dong elected 10 days prior to the public announcement date of the election of representatives of each Dong was completed; (2) the election commission organized to elect the chairman of the council of occupants’ representatives with the consent of the majority of the election management committee composed of the chairman of the election management committee (Article 30(1)); (3) the election commission of the instant apartment was dissolved on December 4, 2010 after the election of the chairman of the council of occupants’ representatives was completed; and (3) the amended regulations on election management rules of the council (10.