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(영문) 대구지방법원 2017.12.01 2017고합439

가스방출

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 20, 2017, at the defendant's house located in Yongcheon-si C, 315 Dong 1501 around 19:40 around 20, the defendant cut a ice connecting urban gas with the wife D, and opened a gas valve and released gas by shutting the bera door.

Accordingly, the Defendant released gas, thereby causing danger to human life, body, and property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs and a list of reported cases;

1. Application of Acts and subordinate statutes to a report on investigation (or a relative investigation of police officers dispatched);

1. Article 172-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of applicable sentences under law: Six months to five years; and

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for eight months, the stay of execution for two years, the age, sex, environment, motive, means and consequence of the crime, and all the sentencing conditions shown in the arguments in this case, including the circumstances after the crime, shall be determined as ordered by considering the following circumstances.

D. Unfavorable circumstances: The crime of this case is more serious in that the crime of this case is committed in that the defendant cutting urban gas strings by a couple fighting and releasing gas by opening a gas valve is very rough and bad, and if gas explosion leads to an explosion, not only the defendant and his family members, but also theless residents living in the same apartment as the defendant and his/her family members, are very dangerous that may cause irrecoverable physical and property damage.

The Defendant committed the instant crime even though he/she had been convicted of having been convicted of indictment due to domestic violence against his/her spouse D.

A favorable condition: