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The prosecutor's appeal is dismissed.
Reasons
1. According to the records, the prosecutor indicted the Defendant of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) and interference with business, and the lower court acquitted the Defendant of interference with business by dismissing a public prosecution on the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation).
As to this, the defendant did not appeal and only the prosecutor filed an appeal on the ground of misconception of facts as to the acquittal portion, and the above not guilty part and the dismissal part are concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the part of the dismissal of the above public prosecution which was not appealed by the defendant and the public prosecutor is separately determined by the expiration of the appeal period, and the scope of the trial at the court below is limited to the part of the acquittal at the court below, so only this part shall be subject to
2. Although the summary of the grounds for appeal is clearly false, the court below which acquitted the defendant about the crime of interference with business by mistake or misunderstanding legal principles, which affected the conclusion of the judgment, is erroneous.
3. Determination
A. On September 21, 2012, the summary of the facts charged in the instant case: (a) around September 21, 2012, the Defendant entered the Defendant’s house located in G Apartment 101 Dong 1203, Gangdong-gu Seoul, Seoul, in the tables “E”; (b) “Fabbabbabab,” in the title “F,” in comparison with the products of other companies, i.e., Fababab, “,” i.e., Fababab,” and the management of the head of the so-called company, i.e., so-called “absubabababa,” going together with 1:1 attached to training students, and prevented them from engaging in fabening with solitarys, and inserted comments “.”
However, the fact is that F did not sell products in a non-speaker than other companies, and the head of the department's business does not lead to coffee.