The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since misunderstanding of facts does not intentionally injure the liquid and alcohol disease due to the pure behavior of the defendant, there was no intention to destroy the property of the defendant at the time.

B. The sentence of an unreasonable sentencing (2 million won of fine) by the lower court is too heavy.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it can be recognized that the defendant, who was dissatisfied with the victim D, was at the time of the dispute, left the beer and the glass balance away from the floor. According to this, it shall be deemed that the defendant had intention to damage the glass balance owned by the victim D at the time, and therefore, this part of the argument by the defendant

B. The Defendant agreed with the victim D on the assertion of unfair sentencing, and the Defendant’s absence of the same criminal history is an element of sentencing favorable to the Defendant.

However, the fact that the defendant's detention of the victim D in order to assault the victim D is very poor in the nature of the crime is an element of sentencing disadvantageous to the defendant.

In addition, considering all the sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be said that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.