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집행유예
(영문) 의정부지방법원 2017.7.17.선고 2017고합130 판결

가스방출

Cases

2017Shap130 Gas emissions

Defendant

A, Non-Service

Prosecutor

this amendment (prosecutions) and number of stuffs (Trial)

Defense Counsel

Attorney Lee O-O (National Ship)

Imposition of Judgment

July 17, 2017

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Facts of crime

On January 16, 2017: at around 00, the Defendant 20: (a) fighted with the wife and the husband at the house of the Defendant ○○○○, a government-si, 1200 multi-family housing, and went against the urban gas valve connected to gas bags; (b) caused danger to the lives, bodies, or property of people living in the said multi-family housing by cutting rubber straws connected to urban gas and emitting gas by emitting gas. The summary of the evidence reveals that the Defendant caused danger to the life, body, or property of people living in the said multi-family housing by cutting of rubber straws connected

1. Defendant's legal statement;

1. Statement by a witness Kim ○-○

1. Photographs photographs of cut gas hographs;

1. Investigation report (case, etc. of on-site situations);

Application of Statutes

1. Relevant Articles of criminal facts;

Article 172-2(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment with prison labor for one year to ten years; and

2. Application of the sentencing criteria: A crime for which the sentencing criteria are not set.

3. Determination of sentence: One year of imprisonment and two years of suspended sentence; and

The crime of this case committed by the Defendant, which caused the fire of a couple’s fighting, to flow urban gas by cutting urban gas valves connected to urban gas, by cutting urban gas valves connected to urban gas after a year. This is a very dangerous act that may cause irrecoverable physical and property damage to the Defendant’s mother in his residence, as well as to the neighboring residents, in the event of gas explosion.

However, the fact that the defendant recognized the crime of this case and divided his mistake into each other, the defendant appears to have not committed the crime of this case for the purpose of causing harm to others from the beginning even though he committed a contingent crime, the defendant suffered from urology for a long time, and due to the merger, it is not very good that the defendant suffers from urology for a long time, and the fact that the crime of this case does not lead to an accident, such as gas explosion, etc., considering the favorable circumstances that are favorable to the defendant, such as the defendant's age, character and behavior, environment, the means and result of the crime of this case, and the circumstances after the crime, etc., as shown in the arguments, the sentence shall be determined as per the Disposition, in full view of various circumstances, such as the defendant's age, character and behavior, the environment, the method and result of the crime of this case, and the circumstances after the crime.

Results of jury verdict and sentencing opinions;

1. A verdict of guilt or not guilty;

○ "guilty": Seven jurors (at a unanimous meeting)

2. Opinions on sentencing

○ One year of imprisonment, two years of suspended execution: Six jurors.

B. 2 years of imprisonment, 5 years of suspended execution: One juror.

It is so decided as per Disposition through a participatory trial according to the defendant's wishes.

Judges

The presiding judge shall determine grievances

Judges Sung-man

Judges Park Jae-young