The prosecutor's appeal is dismissed.

1. While recognizing that the election commission was already dissolved, and that there was a serious defect in the procedure for amending the management rules, the Defendant constitutes the election commission around June 11, 2012 based on the illegal management rules amended on or around June 6, 2012, and posted the notice of this case to D and D who misrepresented the chairman’s qualification, the Defendant could sufficiently have known the circumstance that D was misrepresenting the chairman of the election commission. Thus, the facts charged in the instant case are sufficient to prove guilt, and there was an error of mistake in the misapprehension of facts in the judgment of the court of original judgment determined otherwise.

2. Determination

A. According to the evidence duly admitted and examined by the court below, (1) A apartment (hereinafter referred to as “instant apartment”) consists of the council of occupants’ representatives consisting of the total of 609 households and consisting of 14 representatives, and E was in office as the president of the council of occupants’ representatives; (2) according to the management rules of the instant apartment (amended by November 27, 201; hereinafter referred to as the “former management rules”), the election commission organized to elect representatives of each building shall be automatically dissolved when a public announcement of the list of representatives of each building elected 10 days prior to the public announcement date of the election of representatives of each building is completed; and (3) the election commission of this case shall be elected with the consent of the majority of the election management committee members consisting of the election management committee members (Article 30(1)); (4) the election commission of this case shall be dissolved on December 4, 2010, which is the completion of the election of the representative of the Dong, and (4) the amended management rules shall not exist.