재물손괴
The defendant's appeal is dismissed.
1. The grounds for appeal (based on factual errors, misunderstanding of the legal principles) did not have an intentional intent on the part of the Defendant, at the time of the new construction of housing (hereinafter “instant construction”) around August 2017, as to damaging the news blocks within the victim’s own land (hereinafter “instant construction”).
2. The judgment of the court below also asserted the same purport as the above grounds for appeal.
The court below rejected the Defendant’s assertion and convicted the Defendant of the instant charges on the ground that: (a) at the time of the instant construction work and the evidence as indicated in its judgment, each land owned by the Defendant and the victim was adjacent to the floor without a fence, and the Defendant engaged in ground excavation work up to the boundary of the land using heavy equipment during the construction work, etc., and damage caused by earth and sand erosion in the process; and (b) the Defendant did not seek understanding from the victim prior to the instant construction work and did not take any specific measures to prevent damage to the news block.
Examining the above judgment of the court below in comparison with the records, the above judgment of the court below is just and it cannot be deemed that there was a mistake of fact or a misunderstanding of legal principles, which affected the conclusion of the judgment.
Therefore, the defendant's assertion is without merit.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.