2. In light of the following circumstances that can be recognized by the evidence duly admitted and investigated by the lower court, the lower court’s fact-finding and determination that found the Defendant guilty of the instant facts charged is justifiable, on the ground that the Defendant could sufficiently recognize the fact that the Defendant destroyed the entrance door of the victim’s apartment house by opening the entrance door.

Therefore, the defendant's assertion of mistake is without merit.

피고인은 2019. 2. 18. 21:20경 별거 중이던 처로부터 핸드폰을 돌려받기 위해 처형인 피해자의 아파트에 찾아갔으나 피해자가 문을 열어주지 않자, 아파트 출입문을 손으로 두드리거나 발로 찼다.

When this situation continues, the victim reported 112.

Although the defendant asserts that the apartment door was sent to his hand, the defendant had shown that he had opened the apartment door. However, at the time of the police investigation, the defendant had shown that he had opened the apartment door several times, and immediately after the case, he was confirmed that he appears to have opened the apartment door.

After the case, according to the photographs of the apartment entrance door gate, it is confirmed that the door door gate is installed, and the victim spent KRW 190,000 at the repair cost of the entrance door gate around March 4, 2019, which is about two weeks after the case.

12 In light of the details and details of the 112 Declaration and the image of the photograph taken immediately after the case, the victim cannot be seen as referring to the fact of false damage.

3. In conclusion, 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. It is so decided as per Disposition.