Defendant shall be punished by imprisonment without prison labor for one year.

A. Although the Defendant did not cut gas ices, the lower court convicted the Defendant of the instant facts charged on the premise that the Defendant cut gas ices. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (one year and six months) is too unreasonable.

2. Determination

A. In full view of the following circumstances, the lower court’s determination on the assertion of mistake of facts can be recognized based on the evidence duly adopted and investigated by the lower court: (i) the Defendant directly cut gas control; and (ii) the Defendant did not directly cut the gas control.

하더라도, 가스가 유출되어 방 안에 가스 냄새가 난다는 것을 인식한 피고인이 환기를 하는 등의 조치를 취하지 않은 채 라이터를 켠 중대한 과실로 인하여 원심 판시의 중한 결과가 발생한 사실은 충분히 인정할 수 있으므로, 결국 피고인의 위 사실오인 주장은 받아들일 수 없다.

① An outside person entering the Defendant’s house from around 20:05 on March 23, 2013 to around 07:23 on the following day is not exposed to the black stuff image of a vehicle parked front of the Defendant’s house.

② The Defendant stated that he did not inform another person of the password of the locking device.

③ As a result of identification and appraisal of the accident site of this case, gas stuffs connected to gas bags were cut by an insular tool, and furcock, which is an intermediate valve connected to gas bags, was in an open state to an extent of 45∑ 45∑. At the same time, two gas shields were fixed to tapes in a state where the maximum heat was opened.

(4) The defendant himself recognizes the fact that the defendant has fixed the tapes by attaching the tapes to two gas bags.

(5) At the time of the defendant.