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The defendant's appeal is dismissed.
Reasons
1. The lower court found the Defendant guilty of not guilty of the entry of a residential chip among the facts charged in the instant case and found the Defendant guilty of the damage to property.
However, since the defendant appealed only for the guilty part and the prosecutor and the defendant's non-guilty part are finalized by the expiration of the period of appeal, the scope of judgment of this court is limited to the guilty part of the judgment below.
2. The summary of the grounds of appeal (misunderstanding the facts) ① locked, which is the object of the instant property damage crime (hereinafter “the locks of this case”), is not the victim, but the Defendant’s life F, and the Defendant removed the locks of this case with the F’s consent.
(2) Even if the ownership of the locks of this case is recognized to the domestic victim, the defendant, as the south of the victim, shall not be deemed to go against the will of the victim, since the defendant removed the locks of this case by taking into account all the circumstances after the victim received a request to open gate from the relative relative and the person with the same NA who did not raise any objection to the management of the house of this case.
3. Determination
A. According to the following facts and circumstances acknowledged by the court below and the court below's decision on whether the locks of this case were the Defendant's living F, and by the evidence duly adopted and examined by the court below and the court below, the locks of this case can be deemed as owned by the victim. It can be sufficiently recognized that the Defendant had dolusence on the fact that the locks of this case were owned by the victim at least at the time of committing the crime of damage to property of this case.
Therefore, this part of the defendant's argument is without merit.
① The victim stated in the court of the court below that “the locks of this case are not installed by F, which is not installed by F, but locked.” The reasons why the complaint of this case was filed, and the reasons why the complaint of this case was filed.