The appeal is dismissed.

The grounds of appeal are examined.

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 exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, by misapprehending the legal doctrine regarding “malicious program” and “delivery” under Articles 70-2 and 48(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., or by

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