The judgment of the court below is reversed.

The Defendants publish the summary of the judgment of innocence against the Defendants.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts was not involved in the fighting from the beginning, but in the process of speaking the dispute of the conduct, the Defendant was placed in the body fighting with B, and even though it was not possible to think of the instant vehicle in the vicinity and did not have any negligence in the process of the damage because it was impossible to look at the instant vehicle in the specific direction, the lower court recognized the willful negligence of the damage of the instant vehicle, thereby adversely affecting the conclusion of the judgment, by misunderstanding the fact that the lower court recognized the willful negligence of the damage of the instant vehicle, and thereby adversely affecting the conclusion of the judgment. 2) In so doing, the sentence (one million won of fine) imposed by the lower court on the Defendant of unfair

B. Defendant B did not recognize the instant vehicle that had been in the vicinity of the instant vehicle while drinking at the time of the instant case, and did not think that A would have to be pushed anywhere, and thus, did not have any negligence in the damage, even though he did not have any negligence in the damage, the lower court recognized the willful negligence in the damage of the instant vehicle. In so doing, the lower court erred by misapprehending the legal doctrine as to the willful negligence of the damage of the instant vehicle, thereby adversely affecting the conclusion of the judgment.

2. Determination

가. 이 사건 공소사실 1) 피고인 A 피고인은 2014. 5. 1. 03:10경 창원시 성산구 D빌딩 1층 E 식당 앞 인도를 일행들과 함께 지나가다 상대방 일행인 B와 싸움을 하던 중 그 부근에 피해자 F 소유의 G BMW 승용차가 주차되어 있다는 사실을 알고 있었음에도 불구하고 양손으로 B의 허리를 감아 위 승용차의 보닛 쪽으로 밀어붙인 다음 계속하여 양손으로 B의 몸을 눌러 보닛 위로 드러눕혀 움직이지 못하도록 짓누르고, 자신도 보닛 위에 올라앉는 등으로 보닛이 움푹 찌그러지게 하여 위 승용차의 엔진후드 교환 등 수리비 4,748,100원 상당이 들도록 그 효용을 해하였다. 2) 피고인 B 피고인은 제1 항 기재 일시ㆍ장소에서 A와...