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(영문) 대전고등법원 2015.01.09 2014노521
가스유출등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (one hundred months of imprisonment) is too unhued and unfair.

2. Each of the crimes of this case in determining the grounds for appeal are the circumstances unfavorable to the Defendant, such as the fact that gas flows out from the studio building in which many people reside and the fact that the risk of causing serious damage to the lives and property of a large number of people is very high, and that the Defendant’s efforts did not recover from damage.

However, in full view of all the circumstances, including the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentencing of the court below is too unjustifiable to the extent that the sentence of the court below is reversed, and thus, is too unjustifiable. The defendant committed each of the crimes of this case in a state of mental disorder caused by depression and drinking, etc., the defendant has no past record of criminal punishment, other than once a fine, and the victim's injury is minor.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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