For the reasons indicated in its holding, the lower court upheld the first instance judgment convicting 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 by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the Act on Promotion of Information

The issue of whether to adopt a motion for examination of evidence may not be examined when the court deems it unnecessary at the discretion of the court (see, e.g., Supreme Court Decision 2010Do7947, Jan. 27, 201). Thus, even if the court below rejected the Defendant’s application for witness, it cannot be deemed unlawful.

In addition, even upon examining the record, the lower court did not err by infringing the Defendant’s right to defense and cross-examination, as otherwise alleged in the grounds of appeal.

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