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(영문) 서울남부지방법원 2015.04.24 2014고합221
가스방출
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 10, 2012, around 19:20, the Defendant cut off gas pipelines by cutting off gas pipelines from the three pages of the Defendant’s residence, while holding D, which are located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and 102, to death.

From that time to 22:20 on the same day, the Defendant emitted gas and caused danger to the life, body, or property of E, D, etc. residing in adjoining areas.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of E and D;

1. Application of statutes on field photographs;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing as follows) is that the occurrence of a gas explosion and there was a risk of causing irrecoverable human and property damage to neighbors, and thus, it is necessary to hold the responsibility corresponding to the degree of illegality.

However, due to the favorable circumstances, such as the fact that a person commits a crime by unbreathing his living condition while under the influence of alcohol, the actual occurrence of any particular damage, and the absence of any previous conviction in Korea, the sentence like the order shall be determined and the execution thereof shall be suspended.

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