정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the facts of the defendant are not found to have falsely judged the report of the Korea Health and Medical Service Research Institute (hereinafter “Health and Medical Service Research Institute”) by the Medical Service Special Evaluation Committee (hereinafter “Evaluation Committee”), and even if the reason for warning of health-related persons by the Minister of Health and Welfare is not due to the fact that the above report was false, it can be sufficiently recognized that the Minister of Health and Welfare determined that the above report was false and issued a warning to the health-related persons including victims, and that the Minister gave a warning to the health-related persons including victims.
Nevertheless, the court below acquitted the charged facts of this case that the defendant damaged the reputation of the victim by openly revealing false facts through the information and communications network for the purpose of slandering the victim. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.
2. The court below found the above facts in detail based on the evidence adopted and examined by the prosecutor, and found the defendant not guilty on the grounds that the facts charged in this case cannot be deemed to have been proven beyond reasonable doubt by the evidence submitted by the prosecutor. A thorough examination of the judgment of the court below in comparison with the evidence, the judgment can be justified, and since there was no new evidence to support the prosecutor's assertion in the grounds for appeal, there was no error of misunderstanding of facts or misunderstanding of legal principles as pointed out by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.