The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 이 사건 공소사실 기재와 같이 판넬을 걷어찬 사실이 없고, 설령 피고인이 판넬을 걷어찼다 하더라도 그로 인해 에어컨 실외기가 고장난 것이 아니다.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the evidence as follows: ① The victim appears to have stated in the investigative agency the following circumstances: ① The victim, through CCTV monitors installed in the D office operated by the victim, that he/she went to his/her own room after going to the direction of the air conditioner, and again, he/she went to the direction of the air conditioner, to the two going out of the office. The Defendant was already going to the direction of the driving distance, and the victim was 112 reported. ② The victim seems to have no image at that time due to the malfunction of CCTV installed in the victim’s office (the CCTV installed in the victim’s office: 1: 2: the front of the Defendant’s office and the front of the CCTV installed in the direction of the victim’s office: 1: 3: The front of the crime of this case (the front of the victim’s office) and the front of the 2: 1:5: The front of the Defendant’s witness at the 2nd of the CCTV office (the front of the crime of this case).