The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendant on the charge of violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (obscenity distribution) among the instant facts charged.

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 free obscenity in violation of logical and empirical rules, or by misapprehending the legal doctrine on “obscenity” in the crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution).

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no specific reason in the petition of appeal as to the guilty portion, and there is no reason of appeal as to it.

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