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Reasons
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(영문) 대구지방법원 2012.12.04 2012고단6920
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 1 through 43 of seized evidence shall be considered respectively to the injured party's name.

Reasons

Punishment of the crime

From March 2011 to April 2012, the Defendant was Kwikset Service Staff who delivers Okset through Okset.

From November 1, 201 to December 31, 2011, the Defendant habitually carried out the delivery of goods to the Daegu-gu Daegu-gu department stores with 44-1, and temporarily loaded the eXR products from the 5th floor to the e-mail key, and then deducted the e-XR products from the e-mail 89,000 won of the injured party D owned by the victim in the e-mail by cutting off the e-XR sports at the 89,000 won, and then put them into the shopping bags prepared in advance, and then put them in the 1,000 won of the 5th, 7, and 8th, as well as the 296th, 206th, 270 of the 207th, 270 of the 207th, 206 of the 207th, 207 of the 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Each statement of H, I, J, D, K, and L;

1. Police seizure records;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing theft in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been repeated 27 times or continuously for 10 months during the long term;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for the sentencing of Article 333(1) of the Return Criminal Procedure Act [Determination of Punishment] : Habitual and Habitual Larceny [Determination of the recommended area] Basic Area / [Scope of Recommendation] 2 to 4 years / [general person] - Punishment of mitigated Elements of Acts / [Scope of Punishment] Applicable Provisions of Acts: From 3 years to 5-4(1) of the Specific Aggravated Punishment Act; Whether imprisonment is suspended / Principal / Destruction / [Determination of Suspension of Execution]; The main reasons for concurrent commission are not recovery from damage caused by repeated commission.

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