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(영문) 대전지방법원 2014.09.03 2014노1648

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and confiscation) that the court below sentenced against the defendant is too unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant led to each of the instant offenses; (b) the Defendant led to the confession of each of the instant offenses; (c) all of the vehicles was recovered; (d) the amount that the Defendant stolen on the vehicle was a relatively small amount of 50,000 won; (c) the victim I did not want to be punished against the Defendant; (d) the Defendant grow up in an infinite environment after his parents divorced; (e) the Defendant was living in the social welfare facility for eight years, and was unable to adapt to society; (e) the Defendant appears to have committed each of the instant offenses; (e) the Defendant was a young age of 22 years and did not repeat; and (e) the Defendant was able to live in good faith without committing any second offense; and (e) the Defendant appears to have been able to have an opportunity to know that the punishment was imposed through confinement life exceeding five months.

However, each of the crimes of this case is a crime that steals a parked vehicle and drives it without a license, and commits a theft of money in the same vehicle, not good quality, and commits similar crimes four times, which is highly likely to cause harm to the life and body of others, and thus, the nature of the crime is not weak, and there is no agreement with victims except the victim I up to the trial. On July 10, 2013, the defendant committed each of the crimes of this case during the suspension of execution, even though he was sentenced to one year of suspended execution due to special larceny in the Hongsung Branch of the Daejeon District Court of Daejeon on July 10, 2013, even if he was sentenced to one year of suspended execution due to special larceny, etc., and the above suspended execution is also a crime that steals a vehicle without a license and removes a license number plate as in this case, and thus, the risk of recidivism is high.