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(영문) 전주지방법원 2021.01.21 2019고합306

가스방출

Text

A defendant shall be punished by imprisonment for one year.

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 October 28, 2019, the Defendant, at around 00:30 on October 28, 2019, 10 households living in the building, generated risks to the life, body, or property of 10 households living in the building by releasing urban gas from the kitchen-gu Seoul Special Metropolitan City for about 1 hour, which was in a kitchen with a view to committing suicide by drinking alcohol in the studio B Stack-gu Seoul Special Metropolitan City with the view to the economic problems, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs (the list Nos. 5 and 9) of each on-site photograph (the evidence list Nos. 5 and 9), the inside map of the room, and the closure of a map near the site;

1. Application of Acts and subordinate statutes to voluntary accompanying reports and reports on internal investigation (Evidence Nos. 4, 8,10 of the evidence list) on the 112 Report List for the handling of the case;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order under Article 62 (1) of the suspended execution of the Criminal Act;

1. The scope of punishment by law: One to ten years of imprisonment;

2. Non-application of the sentencing criteria: The offense of gas emissions is not set on the sentencing criteria.

3. The defendant who has rendered a sentence of imprisonment, cutting his/her residential gas pipeline into the kitchen knife, discharges gas, and then cutting the kitchen knife into the kitchen knife with the police officer who intends to enter through his/her windows after receiving a report;

The crime is highly poor in light of the circumstances of the crime, method and means of the crime, the circumstances after the crime, etc., and the building in which the defendant had resided at the time of the crime in this case was 15 households in total as the building located in the densely concentrated area. As the defendant's crime may cause serious damage to the life, body and property of nearby residents, it is disadvantageous to the defendant.

However, the fact that the defendant is divided into and reflected in his own crime, that the defendant seems to have committed a crime somewhat contingently by disregarding his wife, and that the defendant is punished as a same kind of crime or exceeds a fine after 2012.