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(영문) 대전지방법원 서산지원 2015.10.16 2015고단646
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On May 9, 2015, at around 13:35, the Defendant, at the camping site of the National Park Corporation in Chungcheongnam-nam, expressed that, in the camping site of the National Park Corporation, E, a natural environment guide factor belonging to the D Office of the National Park Management Corporation, controlled the customers on the camping site as illegal camping, and that, “I am flab???????????????????????????????????????????????????????????????????????

Accordingly, the Defendant interfered with legitimate execution of duties concerning the crackdown on illegal camping sites to prevent the damage of the natural environment of the above public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements concerning E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has the basic sphere (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months) [decision of sentence] The defendant assaults a natural environment leader who is under the control of illegal camping activities to the extent that the crime is not good, the defendant did not reach an agreement with the victim, and that the damage has not been recovered is an unfavorable condition, and the fact that there is no identical criminal record is contrary to the mistake.

In addition, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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