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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant is not aware of the fact that the instant physical card was owned by himself due to the side effects of navigation cancer treatment, etc., and the Defendant did not use it with the recognition that he was another person’s card. Therefore, there was no intention for each of the instant crimes.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.
2. Determination:
A. According to the record, the defendant's assertion of mistake of facts is under navigation cancer treatment after he was operated in the basin cancer, and there may occur abnormal accidents, parascopics, two or more parts, scopics, scopics, scopics, scopics, scopics, scopics, scopics, scopics, scopics, and scopics (38,47,50-51 of the trial records). However, according to the evidence and records duly adopted by the court below, the following circumstances revealed by the evidence and records can be easily distinguishable from the card that the court below lawfully adopted and investigated, namely, ① its color and scopics, etc. can be easily distinguishable from the card that the defendant had a scopics, etc. (the 1st page 25 of the evidence records), ② CCTV screen (the 23-24th page of the video records) of this case and the copicscopics of this case.
According to L andO photographs (No. 2, 30, 32 pages) of each CCTV screen (Evidence No. 2, 30, 32 of the Evidence Records), the Defendant entered the relevant room alone and taken the instant cream card out from the land A.
The card was examined and settled to the point of view.