The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not have any intention to damage property because the Defendant did not know whether the principal owner was a tree, and the owner of the tree extracted by the Defendant is not the victim but the co-owners of the mountain, and the co-owners did not have any damage from the perspective of the co-owners.

Nevertheless, the lower court found the Defendant guilty on the premise that the tree owner is the victim. The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below, the court below found the defendant guilty of the facts charged, as it is just and it is reasonable to find the defendant guilty of the crime of destruction of property by exercising tangible power on all or part of the property owned by others (see Supreme Court Decision 88Do1592 delivered on January 31, 1989), and it is established when the defendant loses or loses utility according to its original purpose by exercising tangible power on the whole or part of the property owned by others (see Supreme Court Decision 88Do1592 delivered on January 31, 1989), and the defendant is not the defendant's ownership of the 10g Mann'e, extracted by the defendant.

[2] There is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant, and therefore there is no ground for misunderstanding of facts or misapprehension of legal principles.

B. According to the record on the assertion of unfair sentencing, the lower court is sentenced in consideration of various sentencing factors, such as the defective nature of the crime in light of the course and method of the crime, the record of punishment for the same kind of crime, the non-influence of the amount of damage, and the fact that the amount of damage is not so large.