The lower court upheld the first instance judgment that acquitted the Defendant on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) (hereinafter “Information and Communications Network Act”) among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment 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 victim’s penalty not to be imposed in the crime of non-compliance, and “the purpose of non-compliance” under Article 70

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection in the petition of appeal or the appellate brief.

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