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(영문) 대구지방법원 2018.01.11 2017노3770
소방기본법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case committed mental and physical loss is committed in a state of mental and physical loss.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport in the lower court’s determination as to the assertion of mental and physical loss, and the lower court acknowledged that the Defendant was in a state of food disability following the livering of the instant crime, and that the Defendant was in a state of mental and physical weakness as above, but was in a state of mental and physical loss without the ability or decision-making ability of the Defendant to discern things.

We rejected the above assertion on the ground that it is difficult to recognize it.

In a thorough examination of records by comparing the evidence duly examined and adopted by the court below, the judgment of the court below is just, and it is difficult to see that the defendant has reached a mental and physical loss as alleged by the defendant, and the above assertion by the defendant is without merit.

B. The lower court sentenced the aforementioned sentence by taking into account the following factors: (a) the Defendant was in a state of mental or physical weakness at the time of the instant crime; (b) the Defendant had no other criminal record except that sentenced to a fine due to the crime of bodily injury; and (c) the degree of damage inflicted by the damaged fire

In addition, in full view of all the conditions of sentencing, including the Defendant’s age, sex, environment, background and consequence leading up to the Defendant’s crime, means and consequence, scale of the crime, and circumstances after the crime, the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

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