The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the Prosecutor’s allegation in the grounds of appeal as to the misapprehension of the legal doctrine, on the grounds that the first instance court’s determination that there was no proof was justifiable, because the Defendant’s expression as indicated in the instant facts charged alone

The judgment below

Examining the reasoning of the judgment of the court of first instance maintained by the court below in light of the relevant legal principles and records, the court below did not err by misapprehending the legal principles on the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) as alleged in the grounds of appeal

The Supreme Court precedents cited in the grounds of final appeal are different from this case, and thus are inappropriate to be invoked in this case.

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