The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is true that the Defendant, at the time of mistake of facts, deducts chain support units from the ground floor at the time of misunderstanding of facts, but the 쇠 support unit is extracted for passage by anyone, and it is not a hacks support unit or a hacks support unit to be extracted for access by the Defendant.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In the crime of causing property damage against the assertion of mistake of facts, the term "damage" means not only a case where an article cannot be provided for its original purpose due to a material destruction, but also a case where making it in a state where it cannot temporarily play a specific role in such article is harmful to its utility.

(See Supreme Court Decision 82Do1057 delivered on July 13, 1982). According to the evidence duly adopted and examined by the court below, the defendant, at the time, extracted hacks support units on the ground floor to prevent the access to the building by using sckes, which the defendant could have been moved to the front end of the building, and the defendant could not have access to the building. The defendant was allowed to move to the front end of the building; the victim did not have access to the building; and the victim re-fixed the hacks support unit drawn up from 50,000 won into cement. In light of the above legal principles, even if the hacks support unit was not damaged as alleged by the defendant, it can be deemed that the defendant had the effect of the hacks support unit. Thus, it is reasonable to view that the defendant has harmed the utility of the hacks support unit.

Therefore, the defendant's above assertion is without merit.

B. There are some circumstances to consider the motive and background leading to the Defendant’s instant crime as to the assertion of unfair sentencing, but such circumstances appear to have been considered in the lower court.