The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that C of the apartment election commission of this case, upon the request of at least 1/10 of the occupants to dismiss the representatives of occupants and six representatives of occupants, the election management was conducted, which is worthy of protection under the Criminal Act.

Nevertheless, the lower court acquitted the Defendant on the ground that it did not err by misapprehending the facts and by misapprehending the legal doctrine, thereby obstructing the election management affairs of the instant apartment commission.

2. The Defendant is the representative of Seodaemun-gu Seoul Metropolitan Government B apartment 8 and 9, and the victim C is the chairman of the election management of the same apartment.

The Defendant removed, from November 1, 2017 to the 15th day of the same month, a notice related to the apartment election in the name of the B apartment election commission under the title “Notice of Demand for the invalidation of the membership and the dismissal of the members of the membership,” attached to the notice column on the elevator with the victim’s notice on the notice column in the above apartment 8 and 9.

Accordingly, the defendant interfered with the management of the above apartment election by force.

3. Determination

A. The lower court found the Defendant not guilty on the following grounds that it is difficult to recognize that the evidence submitted by the prosecutor alone interfered with the election management of the instant apartment management commission due to the Defendant’s act, and that there was no proof as to “election management business”, which is the premise of interference with business affairs.

1) According to the management rules of the instant apartment, in cases where reasons for dismissal exist to the representatives of the relevant constituency, a resolution on a request for dismissal may be passed with the consent of at least 1/10 of the occupants of the relevant constituency or with the consent of a majority of the members of the council of occupants’ representatives to proceed with the procedures for dismissal to the election commission (Article 20(2) and where reasons for dismissal exist to the chairperson of the council of occupants’ representatives, at least 1