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(영문) 울산지방법원 2013.04.19 2012고합538
가스방출
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 13, 2012, around 18:50 on October 13, 2012, the Defendant: (a) laid off another tenant’s ELP gas string at a single-story housing house located in Ulsan-gun, Ulsan-gun; (b) separated it from gas string; and (c) opened a valve to release gas.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the photographic Acts and subordinate statutes;

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 sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) is that the Defendant, without justifiable authority or any justifiable reason, suffers danger to the life, body, or property of other residents by gas leakage by cutting off gas control, separating it from the gas tank, opening a gas valve, and then, causing such danger to the life, body, or property of other residents.

However, in full view of all the circumstances, such as the defendant's age, character and behavior, environment, motive for the crime of this case, means and method of the crime of this case, circumstance after the crime of this case, etc., which are factors of sentencing as shown in the records and arguments of this case, shall be determined as ordered by the court, comprehensively taking into account the following circumstances: (a) the defendant appears to have reached the crime of this case by contingency while under the influence of alcohol; (b) the defendant did not actually incur any damage due to the crime of this case; (c)

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