폭발성물건파열미수
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant, due to chronic alcohol addiction, has a repeated record of having repeatedly discharged and discharged from D Hospital located in Yong-Namnam-gun C over about 19 times from March 18, 2004 to June 7, 2013, and is a person who is hospitalized in the above hospital with a chronic alcohol addiction on September 10, 2013, which is the day following the occurrence of the instant case.
At around September 23:30, 2013, the Defendant: (a) found F cargo vehicle owned by F in which 17 high-pressure gas gas containers are loaded; (b) tried to remove the said gas container that could cause danger to human life, body, or property by attaching a single valve to the single-use gas container which was in possession of ELP gas container; and (c) failed to commit an attempted crime, even though the fire officer failed to take the wind with the wind to extinguish the fire.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes on medical records;
1. Articles 174 and 172 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Article 62 (1) of the Criminal Act on a suspended execution ( considered as favorable circumstances in the rear);
1. The defendant and his defense counsel asserted regarding the claim of the defendant and his defense counsel under Article 48 (1) 1 of the Confiscation Criminal Act. The defendant asserted that, even before committing the crime of this case, the defendant had been repeatedly treated and discharged from the defendant on at least nine occasions from July 6, 2009 to June 7, 2013 due to chronic alcohol addictionism, and immediately after committing the crime of this case, the defendant was hospitalized in a hospital with a certificate of alcohol respect and a mental fission. Thus, the defendant asserted that at the time of committing the crime of this case, he was in a state of mental disorder without the ability to discern things or make decisions.
According to the medical opinions and medical records, the Defendant, after committing the instant crime, is at the D Hospital due to alcohol existence and mental fissionosis.