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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant was containing kimchi in his/her house from February 12, 2015 to February 19:00; (b) so, he/she was unable to make a statement to the effect that he/she made a request for voting to two candidates among the eight elevator elevators with G, etc.
In addition, even though the defendant delivered H from 18:00 to 20:00 on the same day from the above elevator to the above elevator, he did not have made such a statement to that effect.
Nevertheless, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. First, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it can be sufficiently recognized that the Defendant made the statement as described in this part of the facts charged, in light of the following circumstances: (a) from around 18:00 on February 12, 2015 to from around 19:00 to about 19:00, which the Defendant heard from G; and (b) the Defendant’s statement as described in this part of the facts charged.
(1) G is consistently stated that the Defendant and other female characters on board the elevator, and the Defendant made the same remarks as indicated in this part of the facts charged, and the remainder on the 3th floor, and that the Defendant got off the 8th floor, and that he was on 10th floor after getting off the elevator.
(2) An apartment in which the defendant resides is of the structure that has 9 units on one floor with a corridor-style apartment, and two elevators are operated in each Dong.
In that sense, G refers to an elevator whose elevator he gets on board is about 1 to 3, and therefore, G is an elevator in which a resident of 9 residing in the defendant does not generally board.
However, G is the defendant when the person who made the words, such as the entry in the facts charged, in the elevator, is the defendant, and in this respect, G's statements appear to be natural, and the situation of the Gu is the situation.