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(영문) 청주지방법원 2014.12.05 2014노1048
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the grounds for appeal of this case is against the Defendant’s recognition of all the instant crimes, and there is no record of punishment for larceny prior to the date of the instant crime, and the fact that the Fpoter freight owned by the victim E and its vehicle heat were seized to an investigative agency and returned to the said victim, etc. are considered favorable to the Defendant.

However, the crime of this case was committed after the defendant stolen the cargo vehicle without a driver's license and went back only to the construction site in the absence of a driver's license, and it was stolen by means of loading the said cargo vehicle, such as steel bars, etc. in the construction site and loading the said cargo vehicle. The nature of the crime is not good. The crime of larceny was committed repeatedly over a considerable period of time for multiple construction sites, and the total amount of damage is up to 20 million won, there is no circumstance to deem that the defendant did not reach an agreement with the victims until the trial, and there was no other circumstance to deem that the defendant was taking measures to recover damage. The defendant was arrested as an flagrant offender by the police officer without a driver's license, the fact that the defendant was punished several times while the thief was committed, and the punishment imposed by the court below falls under the lowest limit within the scope of the punishment with no driver's license. Considering the circumstances such as age, character and behavior of the defendant, circumstances, the circumstances leading to the crime, and circumstances after the crime, it cannot be deemed unfair.

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.

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