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(영문) 서울동부지방법원 2016.06.16 2016고단1071
도시가스사업법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

around 18:00 on December 17, 2015, the Defendant was replaced with a gas boiler that was already installed in his residence in Songpa-gu Seoul, Songpa-gu, Seoul.

In this case, the defendant, who has no professional knowledge about gas boiler, had a duty of care to request the replacement of the boiler to a person with a national technical qualification, or to accurately connect the position of the boiler and/or to accurately connect the supply of urban gas.

Nevertheless, the Defendant, who neglected to replace the boiler, discharged the water into the gas pipeline connected to the gas pipeline, and suspended the supply of gas by approximately 1,000 households nearby the above Defendant’s residence.

Accordingly, the defendant interfered with the supply of urban gas by impeding the function of urban gas pipelines by gross negligence of gas users.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A criminal investigation report (teleline investigation), investigation report (recording files, written confirmations attached);

1. Application of Acts and subordinate statutes to field photographs;

1. The pertinent Article of the Act and Articles 48(8) and 48(4) of the Urban Gas Business Act regarding criminal facts as stated in the indictment, but this is obvious that it is a clerical error as provided in paragraph (4) and the above circumstances are deemed to have no particular effect on guaranteeing the defendant’s right of defense. Thus, the above corrective statements are presented.

Selection of imprisonment without labor

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the Defendant recognized his/her mistake and paid part of the cost of emergency repair work to his/her original energy services (state), thereby not punishing the Defendant, and there is no criminal record other than a fine, such as a crime of interference with the performance of official duties in 2004.

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