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(영문) 부산지방법원 2013.08.09 2013고합412
가스방출
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 14, 2013, at around 22:10, the Defendant reported television in the dwelling of the Defendant on the floor B and the second floor of the building, and at the time the wife C and his children reported the television in the ways to do so, C considered “to be diving from inside and adjacent to the Defendant” and C caused danger to human life, body, or property by emitting a ice connected to a rooftop gas from a chemical or a main gas park on the ground that C neglected the Defendant’s horse and continued to see television.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Police Investigation Report Act

1. Article 172-2 (1) of the Criminal Act and Article 172-2 (1) of the same Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. requires strict punishment of Defendant in light of the following: (a) the Defendant was likely to cause risk to the life, body, and property of other residents by gas leakage, thereby causing damage to the life, body, and property of other residents; and (b) damage difficult to recover may occur if it leads to gas explosion.

However, the defendant confessions the crime of this case and reflects his mistake, there is no record of being sentenced to more severe punishment than that of the punishment for the same kind of crime, the damage was not incurred due to the crime of this case, and the defendant's age, character and character, environment, and other various circumstances which are conditions of sentencing specified in the records and arguments of this case, shall be determined as ordered by the order.

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