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(영문) 부산지방법원 2015.10.16 2015고합399
가스방출
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2015, around 10:30 on May 21, 2015, the Defendant had telephone conversations with D with a person living together with a person living together with the preceding dispute and attendance at work.

In order to commit suicide with the story of "Iman.", urban gas facility installed in a kitchen in the residence, which discharges urban gas well about about 10 meters by releasing urban gas for about 30 minutes, thereby causing danger to the lives, bodies, and property of residents of the above building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Records of seizure and the list of seizure, photographs of respective scenes and gas stuffs, and requests for cooperation;

1. Application of Acts and subordinate statutes to each investigation report (No. 1, 9, 11)

1. Article 172-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. A prosecutor under Article 48(1)1 of the Confiscation Criminal Act is also sentenced to forfeiture subparagraph 1 of the seized evidence. However, according to the records, the cut gas 2m (No. 1) cannot be deemed as the ownership of the defendant subject to forfeiture.

Reasons for sentencing

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

2. The crime of this case, in which the sentencing criteria are not set, discharges gas well by temporarily generating gas from the studio, which is residing without setting the sentencing criteria, is a very dangerous act that may cause irrecoverable human and property damage to the residents of the same studio as the studio in the event of gas explosion.

However, for the purpose of causing damage to others, the circumstances and circumstances of the crime should be considered, such as the Defendant did not restrain the instant crime and the amount of gas emitted does not reach the scope of explosion risk.

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