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(영문) 대전지방법원 2015.11.26 2015고합145
가스방출등
Text

A defendant shall be punished by imprisonment for one year.

A knife knife, 31cm in total length, 19cm in day length) 1 metre (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On July 26, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the Daejeon District Court on July 26, 2012, and eight criminal records were completed on December 11, 2013 by Daejeon Correctional Institution, including termination of the execution of the sentence.

【Criminal Facts】

1. Gas emissions and gas supply interference with the Defendant: (a) around 13:00 on April 21, 2015, when the Defendant lacks the ability to discern things or make decisions due to a qualitative mental disorder; (b) at the house of the Defendant located in Sejong-si C, the Defendant’s house, without any reason, destroyed rubber straws connected to the Defendant’s house LPG gas through a kitchen (31cc in total length, 19cc in daily length) and destroyed it to a kitchen (19cc in daily length) and emitted gas well, thereby causing danger to life, body or property of 13 children and 5 teachers, etc., and thereby hindering the supply of gas for home use, as well as hindering the supply of gas for home use.

2. In violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) the Defendant, in the state that the Defendant lacks the ability to discern things or make decisions due to a climatic mental disorder, expressed the attitude of the victim F (the age 42) who was taken out of the house after hearing sound from gas due to the Defendant’s act referred to in paragraph (1) above, beyond the Defendant’s house fence, tried to sleep the valves of the LPG gas through paragraph (1) above, and threatened the victim with the improvement (2m in total length) of the things dangerous to the victim by means of shakeing the body of the victim under above.

Summary of Evidence

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

1. Seizure records;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (pre-offenders and confirmations) and Acts and subordinate statutes;

1. Relevant Article 172-2(1) of the Criminal Act (the point of gas emission) and the Criminal Act for criminal facts;

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