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(영문) 부산지방법원 2016.11.03 2016노1942
소방기본법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the original judgment on the summary of the grounds for appeal is too unfasible and unreasonable.

2. In light of the method of assault committed by the defendant, such as breading the fire fighter's buck at hand by the defendant, etc., the degree of interference with emergency medical services by the fire fighter cannot be deemed to be light. However, considering the circumstances that should be taken into account in the sentencing of the defendant, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, ordinary circumstances after the crime, etc., when considering that the defendant was under the influence of alcohol and went beyond the body, and the fire fighter was called to move the defendant to the hospital to the hospital, and the defendant was in the state of being able to communicate with the defendant by breading the location without breading the location, and taking the attitude of recognizing and reflecting the defendant's mistake, the defendant took the attitude of reflecting the defendant's mistake, that the above fire fighter did not want the punishment of the defendant, and that the defendant did not have any other criminal power in addition to the fine imposed once due to drinking driving.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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