The judgment of the court below is reversed.

Defendant

A, B, and C shall be punished by imprisonment with prison labor for eight months, and by imprisonment with prison labor for four months.

(b).

1. Summary of grounds for appeal;

A. Defendant A, B, and C (T) punishment of the lower court (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

B. Defendant D (the mistake of facts and unreasonable sentencing) A, B, and C obtained the consent of the victim H, and the Defendant did not know that Party A, etc. stolen the waste cable owned by the victim, and accordingly, the Defendant did not have any intention to commit a special larceny.

Even if the defendant is guilty, the punishment of the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. Determination

A. In full view of the following circumstances of erroneous determination of facts (Defendant D), namely, that is, the time when A et al. transported the waste cable and released the Defendant at around 22:50, and A sent out the waste cable to the wall width in the open container, and B and C received it from the wall and stolen it on the Defendant’s vehicle at the time, and at the time, the Defendant came to know that “A et al. was stolen, or CCTV was not stolen,” and the investigative agency stated that “A et al. came to know of the fact at the time of receiving contact with C and going to the open container, and even if it was said that C et al. did not refuse to help the vehicle by inserting oil at ordinary times, etc.”, the intention of special larceny was recognized.

The defendant's assertion of mistake is without merit.

B. It is difficult to view that the value of the waste cable that stolen the part on the grounds of unfair sentencing (defendants) is larger.

As the damaged goods are returned to the victim, the victim does not want to punish the defendants.

Defendant

A, C, and D have no record of being punished for the same crime, and Defendant B had a record of being punished for larceny, but the amount of 40 years has passed since then.

Defendant

A, B, and C are against their mistakes.

Defendant

D did not acquire any benefit by committing the instant crime.