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(영문) 수원지방법원 2016.09.27 2016고합95
가스방출
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 5, 2016, the Defendant, at around 06:00, attempted to remove gas valves installed near Washington C 104 at the Defendant’s house, thereby causing danger to human life, body, and property by opening a window. However, the Defendant, a police officer, etc. called up upon receiving a report of 112, attempted to bring about an attempted crime by opening the window.

2. The summary of the Defendant’s and his defense counsel’s assertion is that gas did not go back even after the right shoulderer gets out of gas bags at the time of the instant case.

I think that there was a conflict between the defendant and the police in the past, and there was only a false report to the police in order to open a gas intermediary valve with the intent of the police and return the damage of gas or gas, and there was no intention of gas emission.

In addition, the intention of gas emission can be recognized.

Even if gas is not inflammable, it is not guilty because gas can not be leaked from the beginning because the risk of gas emissions could not occur.

Although the defendant and defense counsel have preliminaryly asserted mental and physical weakness, they cannot be judged since they are acquitted.

3. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be determined even if there is a suspicion as to the defendant (see Supreme Court Decision 2009Do1151, Jul. 22, 2010, etc.). B. Examining the following circumstances acknowledged by the evidence duly adopted and investigated by the court in light of the aforementioned legal principles, the defendant is bound to be determined in the interests of the defendant.

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