The prosecutor's appeal is dismissed.

1. Grounds for appeal;

A. Although the Defendant did not think that “the second council of occupants’ representatives (the same representative election, the electoral registry) file files (hereinafter the instant file files) of the E Election Commission (the instant file files)” only at the management office from the beginning, the Defendant knew the head of the management office D to appear to have the file files of this case only within the management office, and had it delivered to the head of the management office who believed the file files, there was an error of misunderstanding legal principles in the judgment of the lower court that held otherwise even though the crime of fraud is established.

나. 피고인이 들어간 관리사무소 파티션 안쪽은 관리사무소 직원들에 의하여 관리되는 공간으로서 입주민들이 자유롭게 드나드는 공간이 아니고, 설령 입주민들이 자유롭게 드나들 수 있더라도 피해자의 책상에 비치되어 있는 비상연락망을 가져가기 위해 불법적인 목적으로 들어간 것으로서 관리사무실의 점유권자인 피해자의 의사에 반하는 이상 방실침입죄가 성립함에도 이와 달리 판단한 웜심법원의 판결에는 사실오인 및 법리오해의 위법이 있다.

2. Summary of the facts charged

A. On February 7, 2012, the Defendant: (a) expressed the file file of this case to the victim D, who is the apartment management office, at the Yeongdeungpo-gu Seoul Metropolitan Government C Apartment Management Office around 16:20 on February 7, 2012.

The Defendant, “I must not go to the face” from the victim, and “I must go to the face,” but was in mind of having the file of this case outside from the beginning.

As such, the Defendant, by deceiving the victim, took the file file of this case from the victim, and carried it out.

B. At around 10:50 on April 9, 2012, the Defendant’s entry into a room room (hereinafter “crime”) includes the name and contact details of the victim F, who is an accounting employee, such as the managing staff, the council of occupants’ representatives, the chairperson of the election commission, and the female conference, and the victim F, who is an accounting employee.