The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, on February 14, 2016, did not have any flive flive flive flicked flicked flicked flicked flicked flicked flicked flick.

Nevertheless, it is unclear CCTV images alone that the defendant damaged the above property.

The judgment of the court below is erroneous in the misapprehension of facts and adversely affected the judgment.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the court below based on the evidence duly admitted and investigated as to the assertion of mistake of facts, the defendant's damage caused by defects in the victim's vehicle can be acknowledged.

The defendant's assertion of mistake is not accepted.

around January 18, 2014, the Defendant was married with H, a child of the victim, and completed the marriage report in early 2015. However, since November 2015, the Defendant began to suspicion of H’s wrongful act, and the marital relationship has disappeared from the business to the failure, and is currently pending a divorce lawsuit.

On the other hand, H used the victim’s vehicle subject to the instant crime, while the Defendant and his family members tracking the said vehicle in order to secure evidence of H’s misconduct, the Defendant confirmed that H had installed the said vehicle at around 1:20 minutes prior to the instant crime, around February 14, 2015, around 01:57, around 20 minutes prior to the instant crime, and moved the said vehicle to another place.

On February 14, 2015, at the time of committing the instant crime, the Defendant returned to a parking place of the victim on February 14, 2015, and moved to the above vehicle. At the time of the instant crime, the Defendant was driving toward the scene of the instant crime.

The CCTV image is that the defendant moves to the victim's vehicle, while carrying the hand, flick the victim's right side of the vehicle, moves to the vehicle, and flick the right side of the vehicle in the same way.