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(영문) 대구지방법원 2017.08.18 2017고단817
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant committed the following crimes under the status that the defendant lacks the ability to discern things or make decisions due to the occurrence of cerebral typhism:

On January 22, 2017, the Defendant has “D’s disease” in the Jung-gu Daegu-gu, Daegu-gu, Seoul.

“The victim F (36) who was the victim F (36) who was the victim of the fire station E of the Daegu-gu Fire Station in 119 reported and called the victim’s rescue and first aid service personnel, was the victim’s desire to ask the defendant about his health condition, etc., and assault the victim’s rescue and first aid services by assaulting the victim’s victim’s rescue and first aid services on two occasions by drinking the victim’s left head head.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes governing evidence photographs at the time of assault;

1. Relevant Article of the Act and subparagraph 1 (c) of Article 50 of the Framework Act on Fire-Fighting and Selection of fines concerning facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [Judgment on the assertion of the defendant and his/her defense counsel] asserts that the defendant and his/her defense counsel asserted that he/she was in a state of mental and physical loss due to a mental disorder caused by cerebral typhism at the time of committing the instant crime.

According to the records, the defendant was in a state of mental disorder immediately after the completion of the crime of this case, and this was deemed to have been in a state of mental and physical weakness as above, but beyond this, he was in a state of mental and physical loss without the ability or decision-making ability of the defendant to discern things.

It is difficult to recognize it.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

The reason for sentencing was that the defendant was in a state of mental or physical weakness at the time of committing the instant crime, and that the defendant was punished by a fine.

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