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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the event of mistake of facts and misapprehension of legal principles, Defendant 1 was in a state in which the Defendant could not make a normal judgment due to drinking, and there was no awareness and intent that the Defendant interfered with the fire-fighting activities of the first responder on duty. 2) The sentence of the lower court on unreasonable sentencing (hereinafter “fine 4 million won”) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination
A. According to the assertion of misunderstanding of facts and misapprehension of legal principles, the record reveals that the defendant was aware of drinking prior to the crime of this case, but the defendant did not have the ability or decision-making ability to discern things due to drinking at the time of the crime in light of the behavior of the defendant before and after the crime, circumstances after the crime, etc.; 2) Meanwhile, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant visiting the apartment to find the defendant's house together with the defendant; 2) the defendant continued to act in the elevator; 3) one person among first aid workers was in the defendant's attitude to check the defendant's home address in order to check the defendant's wall's home address; 3) the defendant's act of using the first aid worker's attitude to return the wall with his hand; and 3) the defendant's act of using the first aid worker's desire to commit violence other than his/her other assault, and the victim's act of using the first aid service worker's attitude and response after his/her own fire.
Therefore, it is true.