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(영문) 부산지방법원 2014.12.19 2014고합535

가스방출등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On July 28, 2014, the Defendant, who is a female, refused and avoided the Defendant’s remaining son while demanding the liquidation of internal ties. On July 28, 2014, the Defendant placed a ELP gas tank (20 km) on the back part of the Defendant’s home and found one ELP gas tank (20 km), which was ma, on the part of the Defendant.

In the above clothes with four persons such as C, etc., the Defendant was friendly with the sound “A person who has frightened this, who will go home,” and brought the gas fright in the above-mentioned vehicle installed in front of the above clothes, and putting the gas valve back by putting him into the above gas tank again, and emitting gas valves.

Accordingly, the Defendant released gas and caused danger to human life, body or property.

2. 상해 피고인이 위 제1항 기재 일시장소에서 그 기재와 같이 가스밸브를 틀어 가스가 방출시키자 피해자 C(여, 46세)이 이를 피해 위 옷가게 밖으로 도망을 가려고 하였고, 이에 피고인은 손으로 도망가는 피해자의 뒷덜미를 잡아 당겨 피해자를 바닥에 넘어뜨림으로써 엉덩방아를 찧도록 하였다.

As a result, the Defendant inflicted an injury on the victim, such as the climatic salt, which requires a medical treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of witness E;

1. Each police statement of C and E;

1. Photographs;

1. A written diagnosis of injury;

1. Each investigation report (on-site photographs, etc., the victim's injury part) and defense counsel acknowledged that the defendant used the above gas source in the above clothes room, but denied that the defendant did not form a valve directly.

However, the consistent statement at C's investigative agency and court, the background of E's police reporting, and the circumstances in which the defendant inflicted an injury on C after gas emission.