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(영문) 수원지방법원 여주지원 2017.01.26 2016고합96
가스유출
Text

A defendant shall be punished by imprisonment for one year.

A certificate (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On October 15, 2016, at around 18:50, the Defendant: (a) opened an intermediate valve of gas pipelines installed in the kitchen and opened a gas pipeline control device for gas refluence; and (b) leaked about 20 minutes of urban gas gas.

Accordingly, the Defendant leaked gas and caused danger to the life, body, or property of the residents residing in the above C Housing B and the adjacent thereto.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Report on internal investigation (on-site conditions, etc. at the time of dispatch), investigation report (the counter investigation by the reporter, confirmation of the number of households residing in C houses, confirmation of the speech and behavior of the fire officer, and confirmation of cases with the reporter), investigation report (the execution of a search and seizure warrant and on-site

1. Determination as to the Defendant and defense counsel’s assertion of the 112 reported case processing table, field photographs, and photographs surrounding the site

1. Since the alleged gas outflow crime is a specific risk crime, a specific risk that should be equipped with explosion conditions (the concentration of gas, sealed space, and inflammable source) has occurred.

At the time, the defendant did not close the window completely, and the gas concentration was not verified, and the explosion condition was not satisfied.

In order to find children, the Defendant did not know about the gas leakage to the media, and there was no intention to explosion the gas, so there was no intention to cause the risk.

2. Determination

(a) Article 172-2(1) of the Criminal Act provides that a person who discharges, discharges, or spreads gas, electricity, steam, radiation or radioactive substance to cause danger to the life, body, or property of another person shall be punished by imprisonment for not less than one year nor more than ten years;

“......”

Among them, the term "gas leakage" shall cause harm to human body and property by damaging human health or leaking harmful gases to the utility of goods.

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