The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: The statement by the complainant that the statement by the complainant of mistake of facts is consistent in an important point of view, as well as the statement by G, H, R, etc. and the result of the investigation into the actual status of residence of the Korea Housing Corporation, and thus, the statement by the complainant that he/she resides in Suwon-gu G apartment D (hereinafter “the apartment of this case”) is reliable, and therefore, the statement by the defendant in this case was proved to be false

Furthermore, in full view of the fact that the defendant requested the chairperson of the election management that only the occupants can leave to the complainant, that the defendant started to question whether the complainant is actually residing in the tenant's representative under the circumstance that the defendant is anticipated to not be elected to the tenant's representative, and that the defendant fails to present particular impeachment evidence, dolusent perception or intention about false facts is recognized for the defendant.

Nevertheless, the lower court accepted only the Defendant’s lawsuit and acquitted the Defendant on the facts charged of this case, and the lower court erred by misapprehending the facts.

2. Determination

A. According to the above circumstances, the court below's decision 3. 3. Then, in full view of the following: (a) the complainant's statement that the complainant actually resides in the apartment of this case is lacking credibility or lack of probative value; (b) the complainant's non-prosecution of the charge of violating the Resident Registration Act was made; or (c) the witness G and H's statement on each of the above non-prosecution's legal evidence or indirect evidence that the complainant actually resides in the apartment of this case, and that the complainant's statement on each of the above non-prosecution's residential status of the Korea Land and Housing Corporation, one of the grounds for the above non-prosecution's non-prosecution disposition, and that the complainant actually resides in the apartment of this case, is examined as a whole as circumstantial evidence