절도등
The defendant's appeal is dismissed.
1. The circumstances that are favorable to the Defendant include: (a) the Defendant’s recognition of each of the instant offenses; (b) the vehicle from among the thefts was returned to the victim D; (c) the Defendant voluntarily attended the investigative agency and voluntarily surrendered to the victim I; and (d) the fact that there was no record of criminal punishment for the larcenys.
However, the Defendant had previously been punished several times, including a habitual gambling, gambling opening, and violation of the Road Traffic Act (unlicensed Driving). Each of the instant crimes, knowing that the victims were in custody of a large amount of gambling funds in a vehicle by driving the victim’s vehicle in order to raise money for gambling, and committed an unlicensed driving in the process of committing the crime. In light of the motive of the crime, the amount of damage, etc., the Defendant did not reach an agreement with the victims until the trial, and did not recover from damage to the remainder of the theft except for the amount of KRW 10,000,000,000,000, which was returned and repaid by the victim, even in consideration of the Defendant’s age, character and conduct, and family relations, the lower court’s punishment is too unreasonable even if considering the other circumstances asserted by the Defendant.
2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.