The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the case of mistake of facts, the court below found the defendant guilty on the ground that there was no fact that the defendant, who was installed in the front corridor of the defendant's apartment entrance with the rear gate of the defendant's apartment entrance, was damaged as stated in the facts charged, even though the defendant was not pushed the victim, he was guilty.

B. The Defendant’s act of misapprehension of the legal principles is a justifiable act that does not violate the social rules, and thus, the court below erred by misapprehending the legal principles and sentenced the Defendant guilty

2. Determination

A. In light of the following circumstances acknowledged according to the evidence duly adopted and examined in the court below's determination of mistake of facts, i.e., (i) the statement of damage E by the elderly victim E investigation agency and the court below that is specific and consistent; (ii) it is difficult to find the reason to see that the victim, who was under the control of the defendant's apartment, was placed after the 78 years old apartment, and the victim was placed at the present room, was able to find the ground to see the backhead of the bicycle to the extent that he was able to go up to the five wheel of the bicycle, and (iii) it is difficult to find the fact that the front wheel of the bicycle was not installed by the victim who was outside the corridor immediately after the case, in light of the fact that the front wheel of the bicycle was not installed by the flight rail of the apartment stairs at the time, but was installed in line with the edge of the rail, such as the criminal facts stated in the judgment below.

B. The "act that does not violate social rules" as stipulated in Article 20 of the Criminal Act, which means the act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms, and any act that does not violate social rules.