All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment with prison labor, three years of suspended execution, confiscation) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles, the Defendant’s misunderstanding of CCTV covers the floor and damaged the appearance, and arbitrarily checked the direction of the Kameras, which constitutes damage to property.

2) The sentence of the lower court’s unfair sentencing is unfair because it is too unhued and unfair (the prosecutor stated that the Defendant should be punished by imprisonment with prison labor for a period of one year and six months). 2. Determination on February 2

A. First of all, as to the assertion of misunderstanding of facts, there is no evidence to acknowledge that the CCTV damage, which is the evidence submitted by the prosecutor, did not observe any part of CCTV damage caused by defects in CCTV, and thus, it is impossible to ascertain the actual damage, and it is also impossible to specify the damaged part of the property and the degree of damage, and there is no other evidence to acknowledge that the CCTV damage caused defects.

Next, it is considered whether the defendant's act of covering the CCTV falls under the damage of property.

아파트 관리 소장인 H는 피고인의 행위로 CCTV의 플라스틱 덮개가 바닥으로 떨어져 이를 다시 씌웠고 달리 손괴된 부분이 없다고 진술한 점에 비추어 보면 일시적으로 카메라 덮개가 분리되었다고

Even if it can not be seen as a damage under the Criminal Code.

B. Along with the direction of the defendant's camera, the direction of shooting was different from the intention of the installer.

Even if the function of the camera is not damaged and the inside of the elevator is taken as it is, and the inside of the elevator can continue to monitor the inside without any particular impediment, it cannot be viewed as the damage of property.

Therefore, prosecutor's mistake of facts or misapprehension of legal principles is without merit.

B. Of the conflict with the victim for a long time, the Defendant is subject to assault, insult, etc. against the victim.