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(영문) 대구지방법원 안동지원 2020.02.18 2019고단923
절도등
Text

A defendant shall be punished by imprisonment for two years.

A seized kitchen shall be confiscated by one kitchen.

Reasons

Punishment of the crime

On April 6, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for the obstruction of performance of official duties, etc. in the Daegu District Court's Ansan Dong branch on September 11, 2018, and completed the execution of the sentence in the Ansan Prison.

1. On December 28, 2019, the Defendant: (a) discovered that the victim D, a customer, scam in a C restaurant located in the permanent residence B on December 21, 2019; (b) discovered that the victim D scams around the seat and drinks alcohol; and (c) took advantage of the gaps in which surveillance by the victim was neglected; and (d) stolen the victim’s cash 2 million won, and USD 21,000,000,000, which are owned by the victim.

2. On December 9, 2019, the suspect of special obstruction of performance of official duties: (a) at the Defendant’s house located in E at permanent residence around 10:00 on December 9, 2019; (b) on the ground that G belonging to F District District of the Permanent Police Station would ask the source of KRW 170,000 in cash at the Defendant’s home and USD 21 in U.S. dollars at the Defendant’s home, the suspect threatened the police officer with a knife, which is a dangerous object on the knife ( approximately 34 cm in total length, approximately 21 cm in length on the knife in the knife). In other words, the Defendant’s knife and threatened the police officer by saying “I will die.”

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning criminal investigations.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each police statement made to H and D;

1. Reports on internal investigation (the face and photograph, etc. of a police officer who threatens him/her with a deadly weapon), each seizure record and investigation report;

1. Previous convictions in judgment: The application of inquiry reports and investigation reporting Acts and subordinate statutes;

1. Articles 329, 144 (1), and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The judgment of conviction and the reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The Defendant stated that the police officer only used a knife for the scale of the task, but did not pose a threat to the police officer. However, the Defendant took an oath in the court.

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