A defendant shall be punished by imprisonment for not less than eight months.

A. Defendant 1) The Defendant stolen another person’s card as stated in the facts charged in the instant case, and purchased goods with the said card was ordered by Q Q to use all the goods purchased.

Therefore, the lower court erred by misapprehending the legal doctrine on the entire facts charged of this case, which found the Defendant guilty.

B) In addition, since the Defendant committed each of the instant crimes with mental and physical loss or mental weakness, the liability should be removed or mitigated. However, the judgment of the court below which did not recognize such mental and physical condition is erroneous by mistake of fact.

2) The sentence of the lower court’s improper sentencing (one month imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. First, as to the assertion of mistake that the Defendant was only based on Q Q’s instruction and did not constitute the Defendant’s crime, the following circumstances can be acknowledged based on the evidence duly adopted and examined by the lower court. ① The Defendant did not have made any statement to the effect that Q was related to each of the instant crimes, and Q was used by Q only in the court of the first instance. The first instance court ordered Q to commit each of the instant crimes, and all the goods purchased by Q was used.

According to the facts charged, ② On-the-spot CCTV photographs, etc. on part of each of the instant crimes, the Defendant can only take a mixed person’s name card and check only the form of purchasing goods using such card, and Q does not appear at the scene of the instant crime. ③ Even if the Defendant acted in accordance with Q’s instructions, and the purchased goods also brought about by Q Q, the Defendant directly uses another person’s card as stated in the facts charged.