Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
The judgment below
In light of the reasoning and the reasoning of the first instance judgment cited by the lower court, the lower court determined that the part concerning the remaining information in the instant disposition was unlawful, on the grounds that it is difficult to view that the disclosure of the information excluding “nonpublic part” and “additional nonpublic part” among the list of information disclosure requests in the attached Table of the lower judgment is likely to seriously undermine the national interest.
In light of the relevant legal principles and records, the above determination by the court below is just, and there is no error by misapprehending the legal principles on information subject to non-disclosure under Article 9 (1) 2 of the Official Information Disclosure Act, etc.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.