The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

misunderstanding of facts (the 2018 Highest 4937 of the judgment of the court of original instance) The Defendant had used the test cosmetics (hereinafter “instant cosmetics”) as stated in this part of the facts charged, but there was no theft.

The Defendant had a mental disorder at the time of committing each of the instant crimes.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

In full view of the following circumstances found by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, i.e., (i) the Defendant’s act of committing the crime of this part of the facts charged, taking into account the following circumstances, i.e., (ii) the fact that the Defendant used the instant cosmetics after using them, and (ii) the Defendant asserted that he was placed in the cosmetic and did not explain where the cosmetic was placed.

Therefore, the defendant's assertion of mistake is without merit.

In light of the circumstances before and after each of the instant crimes, the background leading up to each of the instant crimes, the means and methods of each of the instant crimes, the Defendant’s behavior at the time of the instant crime, etc., which could have been revealed by the records of the judgment on the assertion of mental disorder, it does not appear that the Defendant did not have or lacks the ability to discern things or make decisions at the time of preventing each

Therefore, the defendant's mental disorder is not justified.

The lower court, based on its stated reasoning, determined the Defendant’s punishment on the allegation of unfair sentencing.

However, in full view of the circumstances favorable to the defendant such as the agreement relationship at the trial, and other various sentencing conditions, such as the defendant's age, character and conduct, environment, and the circumstances leading to the instant crime, the sentence of the court below is deemed unfair.

Therefore, the defendant's inappropriate sentencing.