Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

A. In light of the fact-misunderstanding and legal principles, it is unclear whether the smartphone of the victim was damaged by the defendant's act, and although the defendant did not have an intention to damage the victim's smartphone, the court below found the defendant guilty of the facts charged as to the damage of property. Thus, the court below erred by misapprehending the legal principles and misapprehending the facts.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. In light of the following circumstances found by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts and legal principles, ① CCTV images (3/03 of the evidence record: 3/03 of the day: Dol-21000, Dol-21000) taken inside the restaurant at the time of the instant case, the Defendant intentionally damaged the victim’s smartphones by making it difficult for the victim to walk the victim’s smartphones, and the water cup was shocked by the victim’s smartphones, which are accurately consistent with the victim’s smartphones set, and the victim’s smartphones did not appear before the victim’s smartphones set, and the victim’s smartphones did not appear to have any effect on the victim’s smartphones set out at the victim’s scene (hereinafter “the victim’s smartphone’s photograph and video recorded at the victim’s scene”). The Defendant’s photograph and video recorded at the victim’s investigation agency to the extent that the Defendant intentionally destroyed the victim’s smartphones set.