The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

C was posted in the position of the head of the living support center for B apartment apartment, and the defendant's act of ordering that the above notice be removed constitutes interference with C's business.

The judgment of the court below which acquitted the defendant on the crime of interference with business on the ground that the above notice is not included in C's scope of business.

The act of the defendant's ordering the defendant to detached the public notice is not in violation of the social norms, since it does not meet the balance of legal interests between the protected legal interest and the infringed legal interest.

The judgment of the court below which acquitted on the crime of causing property damage on the ground that it does not violate social rules is erroneous in the misapprehension of legal principles or misconception of legal principles.

The summary of the facts charged in this case is the chairperson of the Mapo-gu Seoul Metropolitan Council of Residents' Representatives, and the victim C served as the head of the above apartment living support center until July 17, 2018.

At around 14:00 on June 30, 2018, the Defendant: (a) prepared a written public notice stating that the said victim has left the “living support center, B apartment” from D, etc.; and (b) reported that the said apartment E-dong, F-dong, G elevator inside each apartment building, the entrance of the first floor underground, and the third floor bulletin board, etc., and ordered D, who is the chief of the apartment security office, to immediately remove the notice attached by the head of the living support center.

D The head of the security team instructed H to remove a notice notice by telephone, and H again ordered the same contents to the security officer, and H removed the victim's notice posted on the third floor bulletin board of the above apartment E-dong, Fdong and Gdong, and interfere with the legitimate work of the head of the living support center for the victim's notice management by force.