The judgment of the court below is reversed.

Defendant

B, A and D shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for ten months.

Summary of Grounds for Appeal

Each sentence of the lower court against the Defendants is too unreasonable as follows.

Defendant

B: Defendant A with 2 years of imprisonment: 1 year and 6 months of imprisonment, Defendant C with prison labor for a maximum of 1 year and 1 year of short of 10 years; Defendant D with prison labor for a short of 1 year and 10 months; as well as Defendant B with prison labor for the same kind of crime as Defendant B, which was sentenced to 1 year and 1 year of imprisonment with prison labor for a special larceny under the same law; and Defendant A started the instant crime only for 2 months; it is an organized crime; and that it was not agreed with most victims until this court.

However, in full view of the facts that the Defendant recognized his mistake, that some co-defendants agreed with the victim, that Co-defendants fully repaid the damages inflicted upon the Defendant and the Defendant, and other various sentencing conditions specified in the instant pleadings, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

Defendant

A and D have a record of juvenile protective disposition (five times in case of Defendant A, Defendant D four times in case of Defendant D), and that it is an organized crime is disadvantageous.

However, according to the fact that the Defendants recognized their mistakes, other than the above juvenile protective disposition, Defendant A did not have a previous offense, Defendant D was punished by a fine twice, Defendant D only paid damages to the victims, and the sentencing investigation report executed by this court, it appears that the Defendants’ family members’ ties or support basis is good. In full view of the circumstances leading up to the instant crime, circumstances after the commission of the crime, the Defendants’ age, character and conduct, and environment, the lower court’s punishment is deemed unreasonable.