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(영문) 창원지방법원 2019.02.28 2018노2645
소방기본법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) 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 unfford, the defendant shows the appearance of recognizing and reflecting his mistake, the fact that there is no special circumstance or change that can be newly considered in sentencing after the decision of the court below, and any other sentencing conditions such as the defendant's age, character and conduct, family relation, motive, means, consequence and consequence of the crime, and the circumstances after the crime, etc., the prosecutor's assertion is not acceptable, since the sentence imposed by the court below is too uneasible.

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

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