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(영문) 대구지방법원 2017.12.22 2017노1769
소방기본법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s authority is examined ex officio prior to the judgment on the grounds for appeal by the Prosecutor, and the name of the offense charged in the instant case is “violation of the Act on Rescue and Emergency Medical Services” from the “Violation of the Framework Act on Fire-Fighting” to the “119 Rescue and Emergency Medical Services,” and the applicable provisions of the Act to the “Article 50 subparag. 1 (c) and Article 16(2) of the Framework Act on Fire-Fighting” to the “Article 28 and Article 13(2) of the Act on 119 Rescue and Emergency Medical Services,” respectively, and as such, the subject of the judgment by this court was changed to the subject of the judgment by this Court. Therefore, the lower court was no longer maintained

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the facts constituting an offense and Articles 28 and 13 (2) of the Act on Rescue and Emergency Medical Services at the option of 119 Rescue and Emergency Medical Services (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the legislative purpose of the 119 Rescue and Emergency Medical Services Act, which seeks to protect the lives, bodies, and property of the people through emergency rescue activities in critical situations with the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment of the Defendant is recognized as an unfavorable reason for sentencing.

On the other hand, the defendant committed a crime.

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