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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant, at the time of the appeal, was only breaking and cutting the card so that he was attached between the head of the taxi driver’s seat and the chief of the steering force of the taxi in order to raise his body in the back seat of the taxi, and thus, the Defendant did not have the intention of damage, and thus, the judgment of the court below which convicted the Defendant is unlawful.
2. According to the evidence duly adopted and examined by the court below, and in particular, according to the black video CDs, unlike the defendant's aforementioned assertion, it can be sufficiently recognized that the facts charged in this case and the defendant's intent to damage is sufficient. Thus, the defendant's assertion of mistake of facts is not accepted.
In this regard, the Defendant alleged to the effect that he did not memory at the time. However, it is not directly related to whether the Defendant can be recognized as the intention of damage, and rather, it is a matter of whether the Defendant can be mitigated or exempted from liability due to mental or physical weakness or mental loss. Even after closely examining the records of this case, it does not seem that the Defendant’s liability at the time can be mitigated or exempted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.