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(영문) 부산지방법원 2017.08.25 2017고합318
가스방출미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2017, around 14:15, the Defendant, at the mother C's house located in Busan B apartment No. 423, had a large amount of talks about C, but was dismissed from C.

Accordingly, the Defendant intended to emit C with gas by cutting gas rubber pipelines connected to urban gas bags, which are connected to gas bags, through a kitchen, with a large amount of dynas, racker, racker, and a kitchen, but C did not emit a lock connected valve of gas pipes.

As a result, the defendant's attempt to release gas to cause danger to human life and body, but did not bring about such intent, and the summary of the evidence was not committed.

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A criminal investigation report (the Defendant was in a state of mental disorder at the time of committing the instant crime

The argument is asserted.

However, in light of various circumstances, such as the background and method of the instant crime, the method of committing the crime, the act of the accused before and after the crime, which is acknowledged by the record, even though the Defendant was committed on March 27, 2017, the same year.

4. 10. The Defendant had no or weak ability to discern things at the time of committing the instant crime, even if having received treatment with influence, that alone was in a state that the Defendant had no or weak ability to discern things.

shall not be deemed to have been approved)

Application of Statutes

1. Article 174 of the Criminal Act, Article 172-2 (1) of the Criminal Act concerning the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six months to five years; and

2. Scope of recommended sentences on the sentencing criteria: Not applying the sentencing criteria.

3. Determination of sentence: The crime in the instant case, six months of imprisonment and one year of suspended execution, was intended for the Defendant to easily flow urban gas pipelines within his/her residence, and gas explosion may occur.

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