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(영문) 서울중앙지방법원 2017.07.05 2017고단2366
야간방실침입절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as an employee of a hotel service company, had guest rooms and mask Turkey while serving patrol inside and outside of a hotel, etc., in a crypted manner, had a guest room and mask Turkey, with his/her cash kept in the guest room.

1. On February 18, 2017, around 22:24, the Defendant: (a) around 22:24, 1009 of the “D” hotel in Jung-gu Seoul, Jung-gu, Seoul; (b) the victim E, who is a guest, opened a guest room in the guest room in the passenger room in Turkey; and (c) opened an inner door in Mask Turkey, and opened the safe door in Mask Turkey, thereby leaving KRW 100,000 in cash owned by the victim

2. On February 20, 2017, at around 22:09, the Defendant intruded inside the guest room in the same manner at the same place as above, and carried 20,000 won in cash owned by the victim.

Accordingly, the defendant stolen another's property by intrusion upon the room possessed by another person at night.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Data from CCTV photographs;

1. Application of Acts and subordinate statutes to report on investigation (verification of personal information of victims);

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of punishment by law: Imprisonment with prison labor for one month and 15 years;

2. Application of the sentencing criteria;

(a) Determination of types: thiefth type (Infringed thief) for general property;

B. Special sentencing factors: [Mitigation elements] No penalty is imposed

(c) The territory of recommendation and the scope of punishment: Imprisonment with prison labor for August and one year and six months.

3. Circumstances unfavorable to the determination of sentence: Although an employee of a hotel service company has a duty to safely protect the body and property of guests in the guest room, it is not good that the nature of the crime is committed by stealing cash that the guest kept in his/her custody in his/her depository in violation of such duty, such as impairing the credibility of the whole hotel.

The favorable circumstances:

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