A. The Defendant did not cause mistake of facts and misapprehension of the legal principle that he had the key repair machine cut locked.

In addition, at the time of the instant case, the Defendant was in the position of the Director General of the East-gu Branch Organization B, and was in charge of managing the locks, and was trying to open the locks, and there was no intention of damage.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. In light of the following circumstances revealed by the judgment of the court below and the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendant can be recognized as having the key repair machine cut the locks, and there is no error of misconception of facts or misapprehension of legal principles as alleged by the defendant and the defense counsel.

Therefore, we cannot accept this part of the defendant and his defense counsel.

① The victim C submitted a written complaint stating that the Defendant destroyed the locks.

In addition, the victim sent to work on the day following the instant case at the investigative agency, and was in the office of the defendant. The locks of the glanet were replaced with other locks, cut off, and was hidden under the secretary general. The victim asked the defendant about the locks, and asked the defendant "I would like to have the key repair machine cut off," and stated that "the defendant was on the book because the key of the new locks was changed."

(2) The key repair machine E created the key on the day of the case and went to the Dong branch office of the B organization.

In the office, two persons were inside the office, and the face of the defendant is not memory.

One person who was in the office shall be unable to make the heat locked, and the locks shall be kept well and locked.

Doese.