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Reasons
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(영문) 서울동부지방법원 2014.02.20 2012고단2362
절도
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A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

The defendant.

Reasons

Punishment of the crime

On March 3, 2012, at around 05:00, the Defendant entered the “EPC room operated by the victim D” in Gwangjin-gu Seoul Special Metropolitan City, and opened the body of the computer in the seat beside the Defendant’s side by making use of the gap in the surveillance of the victim, and opened it by drber or hand, and then deducted one of the CPU (Central Processing System) equivalent to KRW 227,00,000, the market price of the victim’s possession, and one of the VGA (computer) equivalent to KRW 245,00,000, and stolen it.

In addition, from that time until March 31, 2012, the Defendant stolen all computer parts worth 5,103,000 won in total by the aforementioned methods, as shown in the attached list of crimes, from that time until March 31, 2012.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of each police suspect against F and G;

1. Each police statement made to D and H;

1. W, I, J and written statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a written request for appraisal;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. In light of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Sentence of Provisional Execution, the defendant is unable to recover the damage of the victim, and the defendant repeats the crime of this case even though he/she has been subject to a protective disposition several times for the same criminal conduct;

In addition, the sentencing conditions indicated in the records, such as the age, character and conduct, environment, family relationship, occupation, etc., shall be comprehensively considered and sentenced as the disposition.

It is so decided as per Disposition for the above reasons.

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