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(영문) 서울북부지방법원 2019.02.15 2018노2221

소방기본법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court is too unhued and unreasonable.

2. The judgment of this case is based on the use of violence against fire fighters dispatched to assist the defendant, and the nature of the crime is bad. However, the defendant was a primary offender, the degree of the exercise of violence was relatively low, the defendant's mistake was recognized and reflected, the defendant seems to have no special circumstances or circumstances newly considered in sentencing after the decision of the court below, and all other sentencing circumstances such as the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and the circumstances after the crime were committed, the prosecutor's assertion is not acceptable, since the sentence imposed by the court below is not deemed unfair.

3. The prosecutor's appeal of conclusion 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.