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(영문) 광주지방법원 순천지원 2016.06.16 2016고합50
가스방출미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On January 5, 2016, the Defendant attempted to open an intermediate valve of urban gas due to the reason that, at around 00:05, around 00:05, the Defendant did not go to the Defendant, the wife E, at the Defendant’s home room located in C, 201, 203, but did not go to the Defendant, and the Defendant did not go to the middle valve of urban gas due to disregarding the Plaintiff’s NF personnel. However, the Defendant attempted to emit gas by cutting the gas ice connected to the gas gas bags for the main purpose, but did not go to the wind that the gas short-term operation.

Accordingly, the defendant, by gas emissions, tried to cause danger to human life, body or property, but attempted to do so.

2. The Defendant damaged property by cutting the gas stuff, which is the joint ownership of the Defendant and the Victim E, at the time, at the location of the foregoing paragraph 1, and by using the same method as set forth in the foregoing paragraph 1.

Accordingly, the defendant damaged another person's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Police seizure records;

1. On-site photographs;

1. Application of investigation reports (related to the grounds for attempted crimes committed by the other employee of the Urban Gas Services Center and the estimation of repair costs), and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 174 and 172-2 (1) of the Criminal Act (the point of attempted gas emission) and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. Articles 25(2) and 55(1)3 of the Criminal Act (with respect to the attempted crime of gas emission)

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the attempts to emit hot gas);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Protective observation, community service order, and order to attend a lecture 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 Acts: Imprisonment for not less than six months to not more than seven years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) An attempt to emit gas: The sentencing criteria shall be set;

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