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(영문) 부산지방법원 동부지원 2013.07.05 2013고합95

가스유출

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 6, 2013, at around 17:00, the Defendant entered into an apartment purchase and sale contract with a loan under the name D from the office of the Defendant’s father located in Nam-gu, Busan to the exclusion of himself. However, the Defendant, with a multi-use knife located in the Defendant’s room, and with a knife attached in the knife, she was holding the head of the household LPG gas through the Defendant’s room, and, at the same time, “I would attach a knife without termination of apartment contract, I will attach a knife” by opening a valve of approximately 5 km gas from the above gas tank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (for the defendant's professional gas emissions), photographs on the scene of the crime, and gas-related Acts and subordinate statutes;

1. Article 172-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. Determination of the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “competence”) of the suspended sentence: The sentence of imprisonment for one year is heavier than that of the two-year suspended sentence (unfavorable sentencing elements) in that the instant crime was committed in a large number of houses where many people reside, and that it could cause a large number of casualties connected to a large explosion accident.

In particular, the effect of the crime of this case has not been significant due to the crime of this case, such as evacuation of all neighboring residents at the scene of the crime and mobilization of public power.

【Equitable elements of sentencing】 The Defendant is against his wrongness while making a confession of all his own crimes.

The Defendant has no record of criminal punishment except for the previous three times of a fine.

The Defendant appears to have committed the instant crime contingently due to a concern about parents' old age and a decentralization for her life, and did not directly cause any direct damage due to the instant crime.

All of the factors and circumstances of the sentencing are considered to be ordered to the defendant.