The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant, as the chairperson of the local committee of Jung-Eup Si of Jung-Eup City, is in the position to exercise overall control over political affairs of party members B in the area of Jung-Eup, and held a preparatory meeting to hold party members' rally on August 11, 2009, at the office named "D" (hereinafter "D"), B party members belonging to the local committee state the above office as "party members' office", and considering the contents of banner remaining at the above office and the structure of the above office, the defendant was found guilty of the facts charged in the case where he used D office for the operation of the City/Do party subordinate organization, but the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged of the instant case is that no person is able to establish an office of the party members council for the operation of subordinate organizations of the City/Do party. However, the Defendant, as the chairperson of the local committee of the Si/Gu/Eup/Myeon of the City/Do party, from May 6, 2008, installed the D office located in the Dong office in the Dong-Eup/Gu from May 6, 2008, the Defendant used the said office as the office of the party members council for the operation of the party members council, etc. for the purpose of the operation of the subordinate organization of the City/Do party.

B. The lower court found the Defendant not guilty on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant had established an office of the party members council, etc. for the operation of subordinate organizations of the City/Do party, and that there is no other obvious evidence to acknowledge this differently.

C. Judgment of the court below (1) is legitimate.