The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of the legal principles) recognized by the lower court, the Defendant, “If the applicant is exposed to another university where the disabled person is a disabled person, he/she shall be deemed to have committed an unlawful act.”

"If necessary, an applicant shall prepare for an examination," and "where an applicant needs to do so."

“The portion of the report which is a conclusive report constitutes false facts.”

The court below held that there was a false perception on the defendant

In addition, it is difficult to see the contents of the report concerning the public interest and there was a purpose of slandering the defendant

It is difficult to see

However, in light of all the circumstances, since the defendant can be recognized as having a false awareness and a purpose of slandering the defendant, a crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) is established

2. The lower court, based on its stated reasoning, considers the applicant as an unlawful act in the event that the applicant is exposed to his/her status at other universities having screening persons with disabilities.

"If necessary, an applicant shall prepare for an examination," and "where an applicant needs to do so."

It was determined that the reported portion was a false fact.

We affirm the above judgment if the court below reviewed the evidence duly adopted and investigated.

Therefore, this paper examines whether the defendant had the purpose of false perceptions and slandering.

A. In a case where defamation caused by a press report is at issue on the premise of judgment, the standard of review is between a public interest issue for public existence and a matter belonging to the private sector, in light of the following: (a) whether the report pertains to a matter of public interest or a matter of purely private sphere; and (b) whether the report pertaining to a matter of public nature and sociality that the citizen ought to know objectively; and (c) whether the report contributes to the formation of public opinion or public debate.