The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant’s misunderstanding of the facts revealed that the Defendant contacted the back of the patrol vehicle of this case, but this merely expressed the police officer’s intention as soon as possible, and did not intend to damage the patrol vehicle of this case.

2) The sentence of the lower court (an amount of KRW 4 million) that is unfair in sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

가. 이 사건 공소사실 피고인은 2016. 6. 22. 23:45 경 인천 연수구 C에 있는 'D 노래방 '에서 술에 취하여 소란을 피우던 중 112 신고를 받고 출동한 인천 연수경찰서 E 지구대 소속 순경 F( 여, 27세) 등 경찰관으로부터 제지를 받고 밖으로 나오게 되자, 술에 취하여 갑자기 " 씹할! 나는 경찰들이 싫어! "라고 욕설을 하며, 위 ‘D 노래방’ 앞 도로에 정차하고 있는 공용물 건인 G 순찰차량의 뒤 범퍼 부분을 발로 1회 걷어찼으나 손괴되지 않아 미수에 그쳤다.

B. The lower court found the Defendant guilty of the facts charged on the ground of the evidence indicated in its holding.

(c)

According to the Defendant’s statement and the record of this case, it is recognized that the Defendant contacted the back part of the patrol vehicle of this case by exposing the patrol vehicle at the time and place indicated in the facts charged.

However, the following circumstances revealed as a result of the examination of evidence by the court, i.e., ① the defendant was present in the police investigation at the price of the patrol vehicle of this case.

F in the court of the court below, the stated slope H or policeman was unable to witness the Defendant’s price of the patrol vehicle of this case, and he was unable to hear the shocking sound.

The statement, ② the defendant is close to the defendant at the time of the instant case, and immediately after the instant case, the defendant is suspected of attempted damage to public goods.