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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the Defendant did not have prepared the printed matter as indicated in the facts charged of the instant case (hereinafter “the instant printed matter”), and there is no fact that the Defendant installed the printed matter so that the residents who have attended the meeting can read it.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. First of all, we examine whether the Defendant had the instant printed matter installed in the meeting room so that the residents present at the meeting can read it.
The following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below are consistent with the victim's statement: ① from the investigative agency to the court below and the court of the trial; ② the victim has been consistently stated to the effect that "E received the instant inducement from the defendant and distributed it to the occupants. So, the victim was able to receive the printed materials from the defendant, and F was delivered to the author by receiving the printed materials from E; ② The investigative agency stated that "E was delivered to the victim with the printed materials distributed to the occupants," ② It corresponds to the victim's statement at the investigative agency and the court of the court below. ③ It is true that E received the printed materials from the defendant, and distributed them to the occupants. However, according to the video recorded at the time, the victim stated to the effect that "It is not a memory that the printed materials distributed are the printed materials of this case." ④ The defendant was sitting on the floor and arranged the documents, but F was distributed from 00 to 207 to 407 E:70 after receiving the printed materials from the victim.
It is hot to ask the residents to D.
I ambag summary.
m.m.