2014Mos535 Gas emitting, Inflictings

A

An abnormal record, a leapment (public trial)

Attorney B

December 19, 2014

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal History Office

1. Gas emission;

The defendant, who is a woman, refused to meet with the defendant while demanding the liquidation of internal relations, and avoided it, but around 16:28 on July 28, 2014, the defendant put ELP gas 20km (20km) into the back part of the back part of the defendant's house and found one of the ELP gas click (20km) in the vehicle.

The Defendant, at the above clothes with four persons, such as C, she flicked “A person who has flicked this, and who will go, she flick.” The Defendant flicked the gas source in the above-mentioned vehicle installed in front of the above clothes, she re-entered the above gas source into the above clothes shop, and emitted gas from the gas ballast hub.

Accordingly, the Defendant released gas and caused danger to human life, body or property.

2. Injury;

피고인이 위 제1항 기재 일시 · 장소에서 그 기재와 같이 가스밸브를 틀어 가스가 방출시키자 피해자 C(여, 46세)이 이를 피해 위 옷가게 밖으로 도망을 가려고 하였고, 이에 피고인은 손으로 도망가는 피해자의 뒷덜미를 잡아 당겨 피해자를 바닥에 넘어뜨 림으로써 엉덩방아를 찧도록 하였다.

As a result, the Defendant inflicted an injury on the victim, such as the climatic salt, requiring treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of witness E;

1. Each police statement of C and E;

1. Photographs;

1. A written diagnosis of injury;

1. Each investigation report (including site photographs, etc., and injury inflicted upon a victim);

[Defendant and defense counsel acknowledged the fact that the Defendant entered the above clothes with the above gas source, but denied the purport that the Defendant did not form a valve directly. However, in full view of the following circumstances: (a) the investigation agency and court of investigation of C; (b) the background leading up to the police reporting of E; (c) the background leading up to the Defendant’s injury to C after gas emissions; and (d) the gas tank and the gas valve structure, it can be acknowledged that the Defendant laid off the above gas source side as stated in the facts constituting a crime in the judgment, and emitted gas valves.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 172-2(1) of the Criminal Act (the point of gas emission), Article 257(1) of the Criminal Act (the fact of injury, the point of injury, the selection of the reverse type)

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the penalty heavier than the penalty specified in the crime of gas emissions)

Determination on the occurrence of specific danger

The crime of gas emission is reached at the time of causing danger to human life, body, and property by emitting gas. ① In addition, E stated in this court that gas emitted from the above gas tank, such as 'Darrosium', ② in this court, gas flow shot out, shot out, shot out, and shot out, and thereafter, stated that the gas was shot out, shot out, and shot out, shot out, and shot out. ③ The above legal statements of E and C were reported to 112, and were sent to the above clothes, and they were found to have been shot out of the bar, so that there was a very high possibility of gas smell out of the bar, and that there was a high possibility that gas smell out of the bar, and ① in addition, it was found that there was a high possibility of fire leakage and shot out of the bar, and that there was a high possibility of fire leakage and shot out of the bar, even if there was a high possibility of fire leakage out of the bar.

Reasons for sentencing

[Scope of Punishment] Imprisonment from 1 to 15 years

[Determination of Type] Violence Crimes, General Bodily Injury, Type 1 (General Injury)

[General Convicted Persons] Executing Crimes (Aggravated Elements)

[Scope of Recommendation] Imprisonment from April to June (Basic Area)

[Scope of the revised recommended sentence] Imprisonment with prison labor for not less than one year (which shall be governed by the applicable sentences, and since there is a crime of gas emissions for which the sentencing guidelines are not set, only consideration shall be given to the lowest limit of the applicable recommended sentences).

[Determination of Sentence] One year and six months of imprisonment with prison labor, each of the crimes of this case committed by the defendant, with clothes operated by his influor and female in the liquidation of internal relations, by putting gas in a string and releasing gas, and thereby avoiding escape.

Considering the fact that having inflicted bodily or mental harm on a female in light of the background, method, place, etc. of the crime, etc., the victim appears to have suffered considerable physical or mental pain due to each of the crimes in this case, and the victim strongly applied for the punishment of the defendant since the damage was not recovered properly, and the defendant committed each of the crimes in this case without being aware of during the suspension period due to the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.), it is inevitable to severely punish the defendant: Provided, That it is inevitable for the defendant to take other measures to prevent the expansion of damage, such as diving of gas valves on his own after the crime, etc., such as the defendant's age, character and behavior, environment, circumstances after the crime, relationship with the victim, etc., the punishment as ordered by the disposition shall be determined by taking into account all the sentencing conditions specified in the arguments in this case, such as the victim's relationship.

The new judge, new judge and new judge

Judge To call

Judges Il-il