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(영문) 부산지방법원 2015.06.26 2015고합87

폭발성물건파열미수

Text

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

Reasons

Punishment of the crime

【Criminal Power】 On June 19, 2014, the Defendant was sentenced to two years of suspended sentence for one year in violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Busan District Court, which became final and conclusive on June 27, 2014, and is currently in the grace period.

(1) On November 24, 2014, at around 15:40, the Defendant attempted to remove a gas valve from the center near the center line of the 4th line, after moving the PG gas tank (weight 20km and capacity 48L), which is an explosive object used at one’s own house, to express complaints against the remaining society, such as decline in the selection of the basic recipient, etc. on the roads in front of the D cafeteria located in Busan B, Busan, the Defendant attempted to stop using a one-time bridge that opened and prepared a gas valve, but failed to bring the valve on a wind that does not turn on without being opened.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. A report on investigation (a list of evidence Nos 1);

1. Photographs, such as site and gas tanks;

1. Criminal records: Application of inquiry reports, such as criminal records, and pre-dispositions, and reporting results of verification, and statutes;

1. Articles 174 and 172 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Determination on the assertion by the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. The Defendant and his defense counsel asserted to the effect that there was almost little gas in the LPG gas tank, and the valves of the above gas tank were not opened, and the container was not set up in the container. The Defendant asserted to the effect that the crime of attempted spread of explosive substances is not established on the ground that there was no specific risk of human life, body, or property due to the heat of explosive substances, and thus no specific risk to human life, body, or property has occurred.

The starting time of the crime of the destruction of explosive objects is to extinguish explosive objects with the intention to extinguish explosive objects.