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(영문) 인천지방법원 2018.08.23 2018노1770
소방기본법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time, the Defendant, who was physically and mentally weak, had the alcohol dementia symptoms at the time. After drinking, the Defendant committed the instant crime under the condition of mental and physical weakness.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, it is acknowledged that the defendant was engaged in drinking at the time of the instant crime, but in light of the following circumstances, such as the process and process of the instant crime, and the defendant’s behavior before and after the instant crime, the defendant was in a state of mental and physical weakness which lacks the ability to discern things or make decisions.

does not appear.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that the Defendant committed the instant crime with regard to the wrongful assertion of sentencing, such as the fact that the Defendant recognized the instant crime and reflects his mistake, and that the Defendant appears to have committed the instant crime in a state of alcohol.

However, the crime of this case is committed at the motherel where the defendant was residing at the time.

112. First of all, a report was made to the fire officers dispatched for the defendant, and the injury was inflicted on the fire officers, and the nature of the crime was inferior in light of the circumstances and contents of the crime. In order to establish the state's legal order and to ensure the basic stability of fire officers in accordance with fire service activities, the crime of this case requires punishment corresponding thereto. After the crime of this case, the defendant was called to the victim fire officers to leave the fire officers at the end of the half, and it seems that the defendant would end up with the agreement with the fire officers, as well as any effort to recover from the damage, and crimes related to violence (damage, assault, obstruction of the performance of official duties, interference with duties) are committed several times.

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