The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실오인 및 법리오해 피고인은 택시기사인 피해자 D와 택시요금 문제로 시비하던 중 피해자가 112 신고를 하려고 하여 이를 저지하기 위해 피해자 소유의 휴대폰(폴더형) 윗부분만 잡고 있었을 뿐 이를 잡아 꺽어 휴대폰을 부러뜨린 사실은 없고, 피해자가 위와 같이 피고인과 서로 휴대폰을 잡고 있던 상태에서 휴대폰을 잡아 채 부러진 것이므로, 피고인이 피해자의 휴대폰 윗부분을 잡은 것과 휴대폰 파손 사이에 인과관계도 인정될 수 없음에도 원심은 피고인에게 재물손괴죄의 유죄를 인정한 잘못이 있다.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court, such as D’s statement in the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal principles, the victim’s cell phone upper part of the victim’s cell phone in order to report to the police. Therefore, this part of the Defendant’s assertion is without merit.

(The victim makes a consistent statement on the fact that the defendant gets off the cell phone part of the victim's cell phone, and the defendant was damaged if the defendant left the cell phone immediately after the mobile phone was set up, such as the victim's statement, if the defendant left the cell phone on the floor, then the amount of damage occurred. Since the victim's statement in this case does not seem to be reliable, it is argued that the victim's statement is not reliable, but it cannot be readily concluded that the amount of damage occurs at all times on the floor because the cell phone was set up on the floor. Thus, the credibility of the victim's statement can not be rejected merely because it is said that the victim's statement

The defendant's primary decision on the argument of unfair sentencing is a favorable condition to the defendant.

However, the defendant is drunk.