beta
(영문) 창원지방법원 2016.10.26 2016노2278

소방기본법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The instant crime was committed by the Defendant, which interfered with emergency medical services by assaulting a fire officer who transferred his/her daily activities to a hospital, such as cutting down his/her trees, etc., and the quality of such crime is not good.

However, the circumstances are favorable to the defendant, such as the confession of the crime of this case to the first offender with no criminal records, and the fact that there are circumstances to consider the circumstances leading to the crime of this case, and the fact that there are family members to support the defendant.

Considering the Defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and various conditions of sentencing indicated in the instant records and pleadings, including the circumstances after the crime, the lower court’s judgment cannot be deemed unreasonable to have exceeded, or maintain, the reasonable bounds of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.