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(영문) 수원지방법원 2017.07.20 2017노868
소방기본법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. The crime of this case is a case where the Defendant, who is a public official, inflicted an injury such as shouldering and cutting off the emergency rescue crew, etc., and there is a need to strictize in order to establish the State’s legal order and eradicate the light of public authority, and as to the members of the first-aid service called out to assist the injured Defendant, the crime of this case is deemed to be inferior in light of the above-mentioned injury, and the fact that the injury was inflicted upon the injured Defendant, and that the injury was not received from the injured public official or was not recovered from the damage.

However, in full view of various sentencing conditions indicated in the records of this case, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too unfasible and unfair.

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

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