The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the Defendant was guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. among the facts charged in the instant case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the law of logic and experience and exceeding the bounds of free evaluation of evidence, or by misapprehending the relevant legal doctrine.

In addition, the argument about the defendant's mental disorder or the possibility of expectation of lawful act among the grounds for appeal is not a legitimate ground for appeal, since the defendant's appeal is based on the appeal or the court below did not consider it as a subject of judgment ex officio.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

Other grounds of appeal do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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