2018Shap1130 Gas emissions

A

Jeon Sung-sung (prosecutions) and join-type (public trial)

Attorney Kim Yong-soo (Korean)

March 25, 2019

A defendant shall be punished by imprisonment for not less than eight months.

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

To order the defendant to provide community service for 80 hours.

Criminal History Office

1. On August 7, 2018, around 00:10 on August 7, 2018, the Defendant, in Seocho-gu Seoul, the Defendant’s residence, committed suicide with his/her life due to the stock investment failure in the Seocho-gu Seoul Seocho-gu BFC C and the distribution of money issues, etc., with the intent of committing suicide, cutting gas from the gas ice connected to the gas dust, thereby releasing gas, and then causing danger to the life, body, or property of a person who resides in the said multi-household housing.

2. On August 12, 2018, at around 05:45, the Defendant: (a) removed gas ice connected to a woman’s friendly relationship with a woman, among women’s friendly relationship, and released gas, thereby causing danger to the life, body, or property of a person residing in the said multi-household.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. Photographs of each scene of crime;

Application of Statutes

1. Article applicable to criminal facts;

Article 172-2(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (As regards the circumstances favorable to the defendant among the reasons for sentencing below),

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration as favorable to the defendant)

1. Social service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to seven years;

2. Scope of the recommended sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence;

It is necessary to punish a large number of the defendants in that they have caused a serious danger to the property, life and body of residents as well as the property of residents by cutting gas over two times in a multi-household house in which many residents reside or releasing gas after opening the house.

However, the Defendant is an initial criminal with no record of punishment, and the Defendant is expected not to repeat the crime by reflecting the crime. The Defendant appears to have committed the instant crime somewhat contingently and repeatedly due to monetary issues, marriage issues, etc.

In full view of the above circumstances and the defendant's age, character and conduct, intelligence, environment, family relationship, and circumstances after the crime, the punishment as ordered shall be determined.

The presiding judge, Park Nam-cheon

Judges Trial

Judges Lee Jae-sik