The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The entrance of this case was destroyed by the summary of the grounds for appeal;

It can not be seen as an act of the defendant, and it is not damaged by the defendant, and the defendant has no intention of damage.

Therefore, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

(A) The Defendant’s defense counsel asserted that the lower court’s sentence is too unreasonable on December 1, 2016 through the written reasons for appeal on December 1, 2016, but this is alleged after the lapse of the period for appeal, and thus, cannot serve as a legitimate reason for appeal).

2. Determination

A. 1) Determination as to the assertion of mistake of fact is established when the crime of damaging property is committed when the relevant special media records, such as another person’s property, documents, or electronic records, are damaged or concealed by any other means (Article 366 of the Criminal Act). Here, where such damage or concealment causes damage to the utility of the facilities by means of damage or concealment, it includes not only the case where the goods, etc. are made in a state in which they cannot be used for its original purpose, but also the case where they fall under the utility by temporarily making them unusable

Therefore, the crime of damage to property is established even if the automatic door is not operated automatically and can only be opened and closed only by hand, so that it can not play a role as an automatic locking device.

(Supreme Court Decision 2016Do9219 Decided November 25, 2016) In light of the aforementioned legal principles, it is possible to repair the entrance of this case free of charge or at extremely low cost, as alleged by the Defendant, and even if the victim continues to use the entrance of this case without replacing it, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, according to the photographs submitted by the victim, the shoulder part among the locker of the entrance of this case is displayed on the right side, and the locker.