1. The defendant's appeal is dismissed;

2. All the costs of the trial by the court below and the trial by the party shall be borne by the defendant.

1. Summary of grounds for appeal;

A. In relation to the damage of this case, the Defendant, at the victim’s request, had an error of law due to mistake in the facts, since the Defendant had an 1glue of pine trees (hereinafter “the instant pine trees”) located in Gyeongnam Industrial Complex D (hereinafter “the instant pine trees”).

The argument is asserted.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. According to the following facts and circumstances acknowledged based on the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts, the Defendant may fully recognize the fact that he destroyed the instant pine trees owned by the victim without the consent of the victim. Therefore, the above assertion by the Defendant is without merit.

① The victim stated in the court of the court below that there was no demand from the Defendant to cut the instant pine trees, and the victim requested that the Defendant put the instant pine trees on October 9, 2015, which are located on the land owned by the victim, in the text message sent by the Defendant to the Defendant on October 9, 2015, nearest to the time of events (No. 2 title of the investigation record), and did not demand to cut the instant pine trees.

② The Defendant, at the police station, is also infinite with the victim due to a dispute over other cases, and does not hold the part of the instant pine trees.

The Defendant stated (No. 1 of the Investigation Records No. 43). (3) The Defendant alleged that F had requested F to be cut off the instant pine trees upon the victim’s instruction, but the Defendant stated that F had not made such remarks to the Defendant.

④ The victim seems to have been managing the pine trees of this case for the purpose of landscaping, such as piling up stone in the original form around the pine trees of this case and planting flowers (No. 2 of the investigation record No. 81 of the investigation record), and the victim in such circumstances.