Of the defendants, the part of the defendant is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

A. The Defendant had not recruited property damage and had no intention to damage.

In addition, there is no relation between one defendant's act and symptoms that do not seem to be the starting point of Obama.

B. Legal reasoning-misunderstanding attempted fraud and fraud constitute a single comprehensive crime.

(c)

The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for amendments to the bill of amendment to the indictment with the content of "in order to prevent the operation of the engine from getting off to the propeller who is adjacent to the engine" in Item 5 of Paragraph 1-A of the facts constituting the crime in the judgment of the court below (No. 20 of the judgment of the court below) as stated in the judgment of the court below. The prosecutor applied for amendments to the indictment with the content of "in order to prevent the operation of the engine from getting off to the engine in a non-displacement, etc." and since the judgment of the court was changed by permitting it, this part of the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court, and this is examined.

3. Judgment on the Defendant’s assertion of mistake of facts

(a) The crime of damage to property is established when a special media record, such as another person's property, document, or electronic record, is destroyed or concealed, or impairs its utility by other means;

Here, where the utility of a product is harmed by damage or concealment or by any other means, it includes not only cases where the product is in a state in which it cannot be used for its original purpose, but also cases where it is made in a state in which it cannot temporarily play a specific role such as an article (see Supreme Court Decision 2016Do9219, Nov. 25, 2016, etc.). (b) The following circumstances recognized by the evidence duly adopted and investigated by the lower court, namely, the victim.