The prosecutor's appeal is dismissed.

1. On May 31, 2015, when the Defendant disclosed the summary of the grounds for appeal, the report on the current status of the pulmonary Repulmonary Recome (MERS) by the Defendant constitutes information worth substantially protecting the said person as confidential. The Defendant divulged the report on the current status for the convenience of the person with friendship, and the said report on the current status increased social confusion through the Internet, and adversely affected the State’s relevant measures.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a public official affiliated with the viewing and viewing of the E market, who served as a secretary for the E market.

On June 1, 2015, the Defendant received the Defendant’s mobile phone files of “Report on the Present Situation of Repulmonary Repulmonary Recom (MERS) from the Seoul Metropolitan City City Medical Team G manager of the E Si Health Center,” prepared by the Seoul Metropolitan City Medical Center G manager of the E Si Health Center from the Party F near the Seoul Metropolitan City Medical Center, on May 31, 2015 (hereinafter “Report on the Present Situation”).

In this regard, the report on the current status was written with the document stating the current status of E related to the Middle East Repulmonary Repulmonary Repulmonary Repulmonary Repulmonary Group at the time, and the name, gender, age, result of inspection, address, occupation, presumed infection route, medical care institution name, etc. of six hearts of infection were stated, and it was at risk of causing social confusion if leaked to the outside, causing trouble to response measures at the E city for the control of infectious diseases. The Korea Centers for Disease Control and Prevention, Gyeonggi-do Office, etc. which provided the information stated in the report on the current status was classified as non-disclosure information, and provided the above information to E public health clinic. In view of E viewing, only the E public health clinic preventive medicine team at the E public health clinic, E viewing market room, and deputy head room, etc., the report on the current status was subject to the inside secrets of E viewing.

Nevertheless, the defendant is around 11:45 on the same day.