The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the record, it is justifiable for the court below to maintain the judgment of the first instance court which acquitted the Defendant of the instant facts charged (excluding the guilty part) on the grounds stated in its reasoning, on the ground that there is no proof of crime, and there is no error by misapprehending the legal principles on the crime of violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons for appeal.

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