The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the ground that the instant program constituted “malicious program” as prescribed by Article 48(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which could interfere with the operation of the information and communications system. In so doing, 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 “malicious program” as prescribed by Article 4

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