The lower court convicted the Defendant of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”), among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Juvenile Protection Act.

The lower court’s assertion that the lower court erred by misapprehending the legal doctrine as to the establishment of a crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) is not a legitimate ground of appeal, as it is alleged in the ground of appeal by the Defendant or ex officio.

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