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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant of defamation and violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation) among the facts charged in the instant case, and acquitted the Defendant.
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 misapprehending the legal doctrine regarding “a false statement of fact” or “a false representation of fact” in the crime of defamation (Defamation) against the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc., as the grounds for appeal, contrary to logical and empirical rules, or by misapprehending the legal doctrine regarding “a false representation of fact.”
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.