부산지방법원 2013.04.05 2012고합585



A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On May 26, 2012, around 23:40 on May 26, 2012, the Defendant reported to 112 that he drinked alcohol at D main points located in Busan Jin-gu C, but was assaulted by 2 male and 112 who did drinking alcohol on the side table table, and the police officers dispatched after receiving a report, prepared the victim's statement, etc., and returned to the Republic of Korea, along with the police officers in Busan Jin-gu C.

The defendant, who was assaulted by the unexploit male, purchased the disposable carbon gas at a nearby restaurant in order to receive the judgment of Malaam in the recent hospital, and then entered the inside of the earth by attaching a fluter to the unexploit gas on May 27, 2012. However, the police officers were arrested into the earth.

As a result, the defendant did not cause danger to another person's life, body, or property by burning a disposable carbon gas, which is an explosive object, but did not bring about such danger.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Articles 174 and 172 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly favorable circumstances to be considered in the rear);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. is deemed to have been committed in the police district of a public office, which is a public office, as one of the defendant's complaints regarding the handling of the assault case reported by him, and thus, it is necessary to punish with severe penalty corresponding thereto.

However, even if the police officer's prompt restraint did not cause damage due to explosion, and the defendant is punished by imprisonment without prison labor or heavier.