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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Based on its stated reasoning, the lower court rejected the allegation in the grounds of appeal as to the mistake of facts against which the instant facts charged were recognized.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on “distribution” in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity) and violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of obscenity) and thereby adversely affecting
The Supreme Court's decision alleged in the grounds of appeal differs from this case, and thus is 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.