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(영문) 대구지방법원 김천지원 2018.10.02 2018고합40
가스방출
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On April 27, 2018, the Defendant: (a) around 04:00, in the Defendant’s residence (D stud 305) located in Sinsi-si, Sinsi-si (D cud 305); (b) cut the rubber strings of the part of the kitchen in the kitchen in order to inform her friendly state of her power, and released gas by opening an interim valve.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (in relation to field photographs of gas leakage incidents), investigation report (in relation to the volume and danger of gas leakage in the field);

1. Application of the statutes governing seizure records and the list of seizure lists;

1. Article 172-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: One year to ten years; and

2. Application of the sentencing guidelines: no sentencing guidelines are set. 3. Determination of sentence: Imprisonment with labor for one year (two years of suspension of execution) has resulted in risk to life, body, and property of people who live in the neighborhood by cutting the rubber studs where urban gas is supplied in the studio in which they reside and releasing gas.

In light of the characteristics of the studio building where several generations reside in one building, there was a risk of causing damage to a large number of human life and property (the gas measuring instruments installed in the studio subject to crime).

However, according to the evidence duly adopted and examined by this court, the above risks still existed.

It is reasonable to see that the Defendant committed gas emissions even at the detention of the friendship, and that the Defendant previously suspended the execution of the crime of different species.

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