(영문) 청주지방법원 2015.10.02 2015노793 | 리걸엔진

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(영문) 청주지방법원 2015.10.02 2015노793

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. From the time when the first investigation was commenced, the Defendant appears to have committed the instant crime with the view to recognizing the entirety of the instant crime and covering his mistake.

In addition, the defendant's thought that he would simply drive a vehicle, together with the defendant, seems to have committed the attempted larceny of this case and the larceny crime, and the vehicle that stolen was found on the day following the crime and returned to the victim, and thus, the victim's damage is not serious.

In addition, according to the written investigation before the judgment of the Cheongju District Court 2013 Go-Ma1389 case, according to the fact that the defendant has the function of recognizing the level of "a mental retardation of a hulledness" and is deemed to lack of compliance with social norms and regulations, according to the psychological assessment report among the above written investigation, the defendant seems to have psychological trauma on the experience experienced at the time when he was playing as the victim of school violence and accompanied thereby, emotional anxiety and tensions, etc., and the fact that the defendant grow far away from his parent's divorce and is economically difficult for him to be considered favorable to the defendant.

However, the crime of this case was committed by the defendant engrading a vehicle with the upper accused, while the upper accused reported the network and opened a door of the vehicle owned by the victim G without correction of the driver's seat, but did not find the key of the vehicle. However, the vehicle's key was placed in attempted attempt. In other way, the defendant opened the driver's seat of the vehicle owned by the victim J and opened a door of the vehicle in the same manner, and driven the above vehicle while driving the vehicle without the driver's license, and driving the above vehicle without the driver's license.

In addition, the defendant committed the same kind of crime on August 29, 2014.

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