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(영문) 대구지방법원 2017.09.15 2017노883
절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The judgment of the defendant is recognized that his mistake is divided, and the thief is committed with attempted larceny.

However, in a case where a registered automobile does not transfer its ownership even after it is acquired, the state's automobile management business such as imposition of administrative fines and collection of automobile tax is hindered in the course of the violation of laws and regulations, because it is difficult to determine the driver at the time of the occurrence of a traffic accident, and it is necessary to strictly prohibit the victim from being abused for various crimes due to the distribution of the term "large-scale vehicle". In light of the legislative purpose of the Guarantee of Automobile Compensation Act, it is necessary to strictly prohibit the operation of an automobile not covered by mandatory insurance in order to protect the victims of the automobile accident and prevent social loss, and to promote the sound development of the automobile transportation. In light of the legislative purpose of the Guarantee of Automobile Compensation Act, it is also necessary to strictly prohibit the operation of the automobile without mandatory insurance, and the period and frequency of the vehicle operation of the automobile are considerable, the defendant has a record of criminal punishment over several times, the fact that the same student caused a confusion in the investigation by requesting a false confession against the victim of the thief, there is no change of circumstances that could be favorable for the defendant.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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