For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Defamation)

The argument that the lower court’s determination of sentencing contains an error of mistake of fact or lack of deliberation is ultimately an unfair argument in sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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