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(영문) 의정부지방법원 2018.10.10 2018고단2740
도시가스사업법위반등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Korea Gas Corporation is an urban gas business entity that engages in the manufacture and wholesale business of liquefied natural gas (LNG).

The Defendant directly excavated the location where gas pipes are laid underground, which are owned by the injured party, during the course of gas pipeline construction ordered by the Korea Gas Corporation (hereinafter referred to as the “victim Corporation”) to the injured party, and had the injured party perform the reconstruction of the part of the pipe facilities by damaging the surface of the pipe.

Accordingly, from around 07:50 on May 16, 2018 to around 08:10 on the same day, the Defendant tried to damage the adjoining parts of the gas pipeline (760m) in the ecology C ecological forest in Pyeongtaekcheon-si from around 07:50 on May 16, 2018. In order to make the gas pipeline D with daily allowances excavated the point where the gas pipeline was laid underground by using the digging hole, and to damage gas pipeline facilities or interfere with the function thereof and interfere with the supply of urban gas by causing interference with the supply of urban gas. However, upon receiving the 112 report from the victim's construction staff to the site, the Defendant did not perform that act by suspending the work in the state where the steel plate, etc. was excavated due to the excavation, and at the same time, it did not cause damage to approximately KRW 300,000,000,000,000 for restoration expenses for the above ecological forest, the victim-Pacific Development Project.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to E and D;

1. A statement of F and G;

1. Written estimate;

1. Application of the Acts and subordinate statutes to photographs by cutting off on-site photographs and CCTVs;

1. Articles 48, 13, and 18 (1) (a point of attempt to obstruct the supply of urban gas), Article 366 of the Criminal Act, and choice of imprisonment with labor for a crime;

1. Article 25(2) and Article 55(1)3 of the Criminal Act (with respect to a crime of violating the Urban Gas Business Act) to be mitigated;

1. Aggravation concurrent crimes;

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