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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court is justifiable to have found the Defendant guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) of October 4, 2010 among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, 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 “public performance” or “non-public performance” in the crime of violating the Act on Promotion of Information
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a lower sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable cannot
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.