Based on its stated reasoning, the lower court found the Defendant guilty of the instant facts charged (excluding the part not found innocent on the grounds of the lower judgment).

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “public performance” and “non-performance” in the crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

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