The appeal is dismissed.

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 violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) among the facts charged in the instant case, and acquitted the Defendant.

The judgment below

Examining the reasoning in light of relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the establishment of a crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity).

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