The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant does not have the same words as the facts charged.

B. Legal doctrine misunderstandings, even if the Defendant made the same remarks as the facts charged.

Even if there is no possibility of radio waves, performance does not exist.

2. Determination

A. Considering the difference between the method of evaluating the credibility of the first instance trial and the appellate trial in accordance with the spirit of the substantial direct trial principle adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the first instance judgment was clearly erroneous in the first instance judgment regarding the credibility of the statement made by the witness of the first instance trial in light of the content of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of the further examination of evidence conducted by the time the appellate court final and conclusive, the appellate court should not arbitrarily reverse the first instance judgment on the sole basis that the first instance judgment on the credibility of the statement made by the witness of the first instance trial is different from the appellate court’s judgment (see Supreme Court Decision 201Do5313, Jun. 14, 2012). In this regard, the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is not deemed significantly unfair (see Supreme Court Decision 2011Do5313, Jun. 14, 2012). In the lower court, the Defendant asserted the same as the above grounds for appeal, and the lower court, on the grounds stated in its reasoning, determined that the Defendant’s assertion cannot be accepted.

Examining the judgment of the court below in comparison with the records, it is just and acceptable, and there are no exceptional circumstances to reverse the judgment of the court below as to the credibility of the court below's witness G's legal statement. Thus, the defendant's assertion is without merit.

B. Judgment on the misapprehension of legal principles