The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of legal principles) is so long as the victim is newly elected as the president of the representative council of occupants, the defendant shall, upon objection to the result of the election, return to the new president the seal impression of the representative council of occupants, once he/she was dissatisfied with the application for provisional disposition or civil litigation.

In addition, in light of the evidence, the victim seems to be legally elected by the president.

Therefore, even though the defendant's act of refusing to return the seal imprint interferes with the chairperson's business of the representative meeting of the victim by force by omission, the judgment of the court below which acquitted the defendant is erroneous by misapprehending the legal principles on the power of interference with business

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged on the ground that it is difficult to view the Defendant’s refusal to return the seal by committing an act of refusal to return the seal as an exercise of force using an omission having the value equivalent to infringement of legal interests under the Criminal Act, in light of the following facts and circumstances acknowledged by the evidence duly adopted

The defendant asserts that the process in which the victim was elected as the representative is invalid due to the illegality of the process, and that the election as the chairperson of the representative council of occupants is invalid, and that the seal impression of the representative council of occupants has not

On November 10, 2016, the victim sent to the defendant a certificate of content that the defendant seeks the return of the seal two times and demanded the return of the seal.

The victim created and used a new seal for about four months from the date of sending the above content certification.

On May 29, 2017, the Defendant filed an application for provisional disposition against the victim to suspend the business of the victim's representative council chairperson at the victim's representative council at this court 2017Kahap98, and the Defendant and the victim were under way until before the above application was filed.