The appeal is dismissed.

Of the disposition of the lower judgment, the phrase “Seoul 12:50 on January 28, 2017” shall be corrected to “Seoul 21:50 on January 28, 2017”.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime regarding the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) around January 28, 2017 and January 19:00 on January 31, 2017 among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the record, 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 relevant legal doctrine.

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

Therefore, the appeal shall be dismissed, and since it is clear that there is any error in the judgment of the court below, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.