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(영문) 춘천지방법원 강릉지원 2016.09.08 2016노245
소방기본법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The favorable circumstances are that the Defendant, who made a judgment, led to the confession of a crime and reflects the fact, that there is no record of criminal punishment after being sentenced to a fine due to drunk driving in 2001, and that it is not serious damage.

On the other hand, the crime of this case committed assaults the fire fighter in the course of performing official duties, which is disadvantageous to the fact that the nature of the crime is poor, and the victim wants to punish the defendant.

Considering such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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