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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor for a year and ten months, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. In light of the circumstances that Defendant A is against the Defendant and that he will not repeat the crime in the future, the sentence of the lower court (two years and six months of imprisonment) is too unreasonable.
B. Defendant B is against the Defendant, and the joint Defendants do not commit a crime.
In light of the circumstances such as the background leading up to participation in the crime of special larceny in mind, the lack of some intelligence, and the sending of an influence of learning, etc., the punishment of the lower court (one year of imprisonment, three years of suspended execution, three years of probation, observation of protection, community service, etc.) is too unreasonable.
(c)
Defendant
C In light of the circumstances, such as that the Defendant was against himself, was not the principal offender in the case of the fraud crime, the economic situation was not good, the commission of the crime was agreed with each victim of the special larceny and fraud crime, and there was a minor child to be supported, the sentence of the lower court (two years of imprisonment) is too unreasonable.
2. Determination as to the Defendants’ assertion of unfair sentencing
A. In light of the method, consequence, circumstance, etc. of each of the crimes of this case committed by Defendant A, Defendant A is not good, and in particular, Defendant B, an accomplice, for the purpose of hiding an attempted special larceny and special larceny, sent false words to the co-defendant B.
In addition, the circumstances after the crime are not good, such as the arrest of the police officer and the attempt to avoid the responsibility by showing it, and the punishment should be applied to the strict punishment.
However, the defendant shows an attitude against the defendant, agreed with the victim of special larceny, and there have been many special larcenys, but all of them have been subject to juvenile protective disposition, and there has been still a 20th young age in the early 20th century.
In light of the overall circumstances indicated in the records, such as the character, conduct, environment, etc. of the defendant, the sentence of the court below is somewhat heavy.
The decision is judged.
B. Defendant B is the defendant of this case.