The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is more reliable than the court below's oral statement in the investigative agency, and the defendant's external hard disks presented at the court below to the court below and cannot be concluded as identical to the external hard disks because the defendants were copied and stored data of the complainant at the time of committing the crime. In light of the above, although the defendants could fully recognize the fact that the defendants received the external hard disks containing the victim's personal information from J from the fact that the files contain the victim's personal information, the court below found the defendants not guilty of the facts charged of this case, which affected the conclusion of the judgment, by misunderstanding the facts.

2. The lower court rendered a not guilty verdict on this part of the facts charged on the ground that there was no proof on this part of the facts charged, based on the circumstances as indicated in its reasoning, which can be recognized by the evidence duly

In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding the facts as alleged by the prosecutor, which affected the conclusion of the judgment.

Therefore, we cannot accept the prosecutor's argument of mistake of facts.

① In the instant case where Defendant B filed a complaint with the complainant for a violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (hereinafter “related case”), Defendant B submitted as evidence to an investigation agency the external hard disc possessed by the complainant. During the investigation of the relevant case, the complainant verified the files contained in the external hard disc, and written the external hard disc around November 2014, which was separate from Defendant B.