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(영문) 창원지방법원 2014.06.26 2012고합408
가스방출등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 4, 2012, around 08:55, the Defendant released gas and caused danger to people’s life, body, or property by opening 24 gas valves in the above restaurant, on the ground that C does not lend money. However, the Defendant: (a) opened 24 minutes of gas valves in the above restaurant; and (b) opened 10 minutes of gas to flow out; and (c) generated danger to people’s life, body, or property.

2. On July 4, 2012, at around 08:55, the Defendant obstructed the victim’s restaurant business by force, such as: (a) the victim C, the former wife located in Kimhae-si B, for the reason that the victim did not lend money; (b) the Defendant forcedly released the restaurant employees outside the restaurant; and (c) the Defendant opened a main gas valve and released gas, as in the foregoing paragraph (1).

3. On July 4, 2012, at around 09:05, the Defendant damaged public goods, as seen in the foregoing paragraphs 1 and 2 in front of the D cafeteria operated by C, the former wife located in Kimhae-si B, the Defendant: (a) resisted that the police officers, who received a report and called out, attempted to arrest the Defendant as a flagrant offender; (b) resisted that police officers, who were assigned to the Police Station, attempted to arrest the Defendant as a flagrant offender; and (c) ordered the police officers, who carried the patrol vehicle, to take the above goods to be used by public offices, thereby impairing the repair cost of KRW 20,000.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and C;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Article 172-2 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 141 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 141 (1) of the Criminal Act (the point of damage to goods for public use and the choice of imprisonment) of the relevant law on the

1. Reasons for sentencing among concurrent crimes: The reason for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the largest crime of gas emissions);

1. Application of the sentencing criteria;

(a) the crime of damaging public goods (determination of type) shall be the obstruction of performance of official duties;

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