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(영문) 서울고등법원 2019.08.22 2019노1017
가스방출등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) imposed by the court below is too unreasonable.

2. An ex officio determination prosecutor changed the name of the crime from “gas emission” to “Attempted gas emission”, and applied for an amendment to a bill of amendment with the content of adding Article 174 of the Criminal Act to applicable provisions of the Act. Since this Court permitted this and changed the subject of the adjudication, the judgment of the court below is no longer maintained.

However, since the court below dealt with this part of the facts charged and the remainder of the facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment, all of the judgment below should be reversed

On December 1, 2018, at the residence of the defendant of Goyang-gu B Housing Choyang-gu Goyang-gu, Goyangyang-gu, the defendant tried to pose a risk to human life, body, or property by releasing urban gas rubber oil connected to the main gas park in the state where the intermediate safety valve is open while drinking alcohol, and letting the residents of the said multi-household move out of the house to the outside of the house. However, on the other hand, at around seven minutes after the defendant's prior report, the defendant attempted to block safety valves, cut off more gas emissions, cut off more gas emissions, and the police officer failed to arrest the defendant, thereby doing so.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as above. The judgment below is again decided as follows.

[The reasons for the judgment of multiple court] The summary of facts constituting a crime and evidence recognized by the court is as follows.

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