For the reasons indicated in its holding, the lower court acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”) among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Specific Crimes Aggravated Punishment Act, without exhaust all necessary deliberations in its judgment.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds for objection in the petition of appeal or appellate brief concerning the guilty part.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.