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(영문) 전주지방법원 2018.11.23 2018고합160
가스유출등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Power of crime] On August 19, 2015, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Jeonju District Court on September 9, 2016, and completed the execution of the sentence at a prison in Jungju on September 9, 2016.

[Criminal facts]

1. On April 30, 2018, the Defendant: (a) around 02:06, in his/her dwelling place located in Yansan-si C; (b) considered the fact that a married person lives without ordinary work; and (c) opened an alcoholic beverage to drink and commit suicide.

Defendant: (a) had a knife in the above dwelling area; (b) had a knife and “scape” sound; (c) had a knife connected to the LPG gas tank installed adjacent to the entrance of the above dwelling area; and (d) opened a valve of the LPG gas tank and leaked approximately 10 minutes of gas by opening it.

Accordingly, the Defendant leaked gas and caused danger to human life, body or property.

2. The Defendant damaged property, at the time and place specified in the above Paragraph 1 above, the victim D, who was living in the next room for the foregoing reasons, destroyed the victim’s entrance in the direction of an amount equivalent to KRW 30,000 in the market price set on the left-hand side of the entrance entrance of the victim, and one candle light equivalent to KRW 20,00 in the market price, and one candle light equivalent to KRW 50,00 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on the occurrence of a case to be tried to scrap explosive objects, report on internal investigation, and on-site photographs;

1. A detailed statement of the processing of each reported case;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes (the confirmation of the previous convictions and the date of release from prison);

1. Relevant Article 172-2 (1) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense (the point of gas leakage) and Article 172-2 of the Criminal Act concerning the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravated Punishment for Concurrent Crimes) of the Criminal Act (Article 38 (1) 2 and Article 50) of the said Act shall apply mutatis mutandis to the aggravated punishment for concurrent Crimes with severe gas leakage crimes (Provided, That the maximum punishment for each of the

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