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(영문) 부산지방법원 2016.01.22 2015고합695

가스유출

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2015, the defendant, around 19:00 around Busan, about Busan, about 204 dong 1404 and about 1404, asked the wife to return to telephone, but did not comply with the request, caused danger to people's life, body, and property by cutting the urban gas ice connected to the gas rental area in mind of suicide, and gas leakage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of field photographs and investigation reporting Acts and subordinate statutes;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. The crime of this case, in which the sentencing guidelines are not set, leaks gas well-feasiblely following the act of gas shooting in apartment houses living in the middle of which the sentencing guidelines are not set, is a very dangerous act that may cause damage to human resources and property difficult to recover to the residents of the same studio in the event of gas explosion.

However, the defendant did not commit the crime of this case for the purpose of causing harm to others and did not cause substantial harm, and thereafter, the circumstances after the crime have been taken into account, such as reporting the defendant himself to 112 and preventing the accident by its fire-fighters, etc. The defendant is in depth of his mistake, and the defendant has no particular criminal history so far, and the defendant has no other criminal history so far, and the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.