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(영문) 대구지방법원 김천지원 2015.10.06 2015고합53
가스유출
Text

A defendant shall be punished by imprisonment for one year.

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

On April 25, 2015, the Defendant, at the Defendant’s house located in the Gumi-si, 101 dong 801 dong 801, committed suicide with the intent to commit suicide by emphasizing economic difficulties and home incombustibleness, cut the ice from the city gas pipes located in the main bank to the gas park, and cut the ice from around 00:10 on the same day to the gas park, at around 11:00 on the same day, leaked gas from the above apartment resident and the above apartment, thereby causing danger to the life, body, or property of the said apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (related to verifying the amount of gas leaked);

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defense counsel on the assertion of defense counsel under Article 62-2 of the Social Service Order Criminal Act asserts that the punishment should be mitigated under Article 10(2) of the Criminal Act because the defendant was in a state of mental disability under the influence of alcohol at the time of the crime

It is recognized that the Defendant was drinking at the time of committing the instant crime.

However, in light of the aforementioned circumstances, such as the course and process of the instant crime, the means and method of the instant crime, and the Defendant’s behavior before and after the instant crime, it does not appear that the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime.

Therefore, this part of the defense counsel's assertion is rejected.

The reason for sentencing is that the crime of this case cut off the ice connected to gas bags from the apartment in which the defendant himself resides, and opened a gas pipe to leak the LNG gas, and the crime of this case is heavier than the nature of the crime in light of the contents of the crime and water methods.

On the other hand, the defendant reflects his mistake, and the defendant is contingent.

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