The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. Whether the Defendant constitutes “the abuse of official authority” or not, taking into account the following: (a) the Defendant was appointed as the Chairperson of the F Welfare Center (hereinafter “Welfare Center”) from the head of Q2 as a member of the competent public official; (b) the instant welfare center was operated directly by L, and operated with military subsidies; (c) Q was directly managing and supervising the status of the service and operation of the instant welfare center; and (d) the process of employing employees of the instant welfare center was conducted directly; and (c) the Defendant paid benefits in accordance with the public official’s remuneration regulations if a person other than the current public official works as the Chairperson, it is reasonable to deem that the Defendant directed the review result of the document screening to be included in the matters falling under the general authority of a public official.

B. According to the relevant precedents as to whether it constitutes “when one does not have any obligation,” the establishment of a crime of interference with the exercise of rights is recognized as a substitute in the event of manipulating personnel-related points, and it is the method of causing grading members to perform an act that does not have any obligation to give the grading members by again grading them. In this case, even in the case of this case, the first document screening has been conducted in accordance with the Defendant’s direction and the first document screening has been determined by the successful applicant. In full view of the following, it is reasonable to deem that the Defendant’s act of causing H to re-grade the first document screening score constitutes an act that does not have any obligation to do so.

2. The lower court determined: (a) even if the Defendant was appointed by Q head as the chairman of the facility management committee of the instant welfare center from the head of Q Q head, the Defendant’s general duties, who is public official Q, are employed as the employees of the instant welfare center, fall under the authority and duties of the chairman of the facility management committee.