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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is true that the defendant was sitting in a wheelchairs and a vehicle breaker was running in the future, but the above breaker was not displayed in its original condition, and there was no fact that the breaker was repaired after then, and even if the breaker was repaired, even if it was not caused by the defendant's behavior, the court below convicted the defendant. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. In light of the following circumstances acknowledged by the evidence duly adopted and examined at the lower court’s judgment, namely, ① C apartment management facility D did not have any defect in the blocking season at around 9:30 on the day of the instant case, and around 10:30, the entire facilities were inspected and the part of CCTV recorded was searched; ② CCTV images did not have any event showing the blocking period until the Defendant passes the wheelchairs, and as indicated in the facts charged, there was no event that the blocking period was displayed before the Defendant passes the wheelchairs, and as indicated in the facts charged, the blocking period was cut off by the Defendant immediately, even though the blocking period was required above the front wheelchairs, and the blocking period was shakened, and ④ there was a estimate to the effect that there was a considerable amount of KRW 3.80,00 at the repair cost of the blocking period, it can be sufficiently recognized that the Defendant destroyed the blocking machine by passing it excessively as recorded in the facts charged.
Therefore, the defendant's assertion of mistake is without merit.
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.