재물손괴
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is written in the victim’s house gate, but the door is not written in the victim’s house gate, and the defendant’s act does not lead to the cement wall of the victim’s house gate.
2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the defendant's assertion is not acceptable, as it is acknowledged that the defendant damaged property as stated in the facts charged in the judgment below.
① 피해자는 수사기관에서 두 차례, 원심 법정에서 한 차례 진술하면서, 피고인이 피해자의 집 대문 앞에 와서 대문을 발로 여러 차례 찼고 이에 대문을 고정하는 시멘트 벽이 일부 부서졌다는 취지로 구체적이고도 일관되게 진술하고 있다.
② According to the photographs taken by a police officer dispatched to the scene upon receiving a report from the victim, the victim’s house gate was broken out from the cement wall fixing the victim’s house gate, and the appearance is confirmed to be far away from the floor, which is suitable for the victim’s above statement.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.