The prosecutor's appeal is dismissed.

1. The court below's decision to dismiss a public prosecution against the defendant as to the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) among the facts charged in the instant case, and found the defendant not guilty of interference with the business which constitutes a mutually competitive relationship, the court below's decision not to dismiss the public prosecution separately

The Court ruled.

In this regard, the prosecutor appealed against the judgment below, but did not regard the dismissal part of the indictment for the above reason as the ground for appeal. In such a case, the dismissal part of the indictment for the reason under the indivisible principle of appeal was also judged in the trial together with the acquittal part, but this part was already exempted from the object of attack and defense between the parties, and was virtually relieved from the object of trial (see Supreme Court Decision 2008Do8922, Dec. 11, 2008, etc.).