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(영문) 서울중앙지방법원 2019.03.25 2018고합1130
가스방출
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 7, 2018, around 00:10 on August 7, 2018, the Defendant, in Seocho-gu Seoul, the Defendant’s residence, committed suicide with his/her life due to the stock investment failure in the Seocho-gu Seoul Seocho-gu BFC C and the distribution of money issues, etc., with the intent of committing suicide, cutting gas from the gas ice connected to the gas dust, thereby releasing gas, and then causing danger to the life, body, or property of a person who resides in the said multi-household housing.

2. On August 12, 2018, at around 05:45, the Defendant: (a) removed gas ice connected to a woman’s friendship and dispute, among women’s friendship and dispute, and released gas, thereby causing danger to the life, body, or property of people living in the said multi-household.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. Application of Acts and subordinate statutes to photographs at each scene of crime;

1. Article 172-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to seven years;

2. The scope of the recommended sentencing guidelines based on the sentencing guidelines is not set. 3. The corresponding punishment is needed in that the Defendant, who made a decision on the sentencing guidelines, either cut gas stuffs or discharges gas by breaking it into a multi-household house in which many residents live, thereby causing serious bodily harm, as well as the property of residents.

However, the defendant is the first offender who has no record of punishment, and is going against the crime to not repeat the crime.

The defendant was involved in money issues, marriage issues, etc.

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