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(영문) 대전지방법원 서산지원 2014.11.06 2014고합104

폭발성물건파열

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

At around 06:50 on August 31, 2014, the Defendant: (a) caused danger, such as gas leakage in the building of Jinjin-si, and the “D2” operated by the Defendant on the second floor, in order to commit suicide; and (b) prop gas pipes (20km) used in the launching station (20km) used in the combustion station were moved into the combustion station, and heating carbon gas by means of heating a portable butane gas fluor by inserting the gas onto the open air with an open air, and then spreading the gas into the open air in a way of heating a portable gas flusing the gas flus, such as a glass window, signboard, etc. owned by the said building owner; and (c) 2,196,000 won in the market price of the victim E, which is the owner of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Reports on internal investigation and investigation reports (the analysis and attachment of CCTV at the scene of occurrence, the place in which the defendant sawed, the attachment of scams, on-site photographs, the attachment of site photographs, and on-site drawings);

1. Written estimate;

1. The application of statutes to each photograph, CD, and field map;

1. Article 172 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., repeated circumstances favorable to the Defendant among the reasons for sentencing) is as follows: (ii) the Defendant’s act of spreading the butane gas source by inserting the propane gas and portable butane gas source on the inside floor of the building, and the nature of the crime is not weak.

In particular, the act of burning explosive objects in the above-mentioned places where commercial buildings are densely concentrated is likely to cause serious damage to the lives and property of many people.

It is necessary to strictly punish the defendant.

However, the criminal defendant committed the crime of this case in the course of attempting suicide by committing a new illness, and human life caused by the crime of this case.