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(영문) 수원지방법원 2017.07.20 2017고합167
폭발성물건파열
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 March 4, 2017, at around 00:30, the Defendant released liquefied natural gas, which is an explosive substance of approximately 3.5 kilograms, by cutting down the gas ice installed in the house, on the premise that the Defendant wishes to die at the Defendant’s residence located in the area C building 303 in Suwon-si, Suwon-si.

그 후 피고인은 화장실과 거실 창문을 열어 10분 정도 환기를 시켰으나, 완전히 환기가 되어 실내에 가스가 남아 있지 않음을 확인한 후 담배를 피워야 할 주의의무가 있었음에도, 이를 위반하여 완전히 환기가 되기 전에 위 주거지 내 화장실 입구에서 담배를 피우기 위해 라이터를 켠 과실로, 실내에 남아 있던 액화천연가스가 폭발하도록 하였다.

Accordingly, the defendant caused danger to life, body or property of people living in the same apartment house by burning liquefied natural gas by negligence and residents living in the same apartment house.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of D, E, F, G, H, I, and J;

1. Written estimate;

1. On-site identification results, reports on the results of field identification, records of identification photographs, and reports on explosion identification;

1. Application of Acts and subordinate statutes, such as field photographs;

1. Relevant legal provisions of the Criminal Act and Articles 173-2 (1) and 172 (1) of the Criminal Act concerning the selection of criminal facts, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service order do not set the sentencing criteria.

The Defendant, who attempted to commit suicide, has leaked gas in the house well, and without confirming whether gas has been ventilated with the retirement of suicide while leaving the house, gas was explosiond.

Gas is an act that attempted to commit suicide by explosion, or a fluoriteism thereafter.

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