The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In the case of a misunderstanding gas, it constitutes a product that physically supplies or blocks through gas resistants and valves, etc.

In particular, as in the instant case, the act of gas leakage of an apartment where the leakage is strictly managed through gas ruptures, etc., by “the method of taking a well-resistant valve,” which is a dangerous object, in physical use of gas, thereby threatening a victim as to “assing gas.”

must be viewed.

B. The sentence of the lower court that is unfair in sentencing (five million won in penalty) is too unhued and unfair.

2. Determination

A. A. A prosecutor added the ancillary charge to the ancillary charge shall maintain the facts charged of the special intimidation, which the court below acquitted, as the primary charge, and the name of the crime is “gas leakage,” and the applicable legal provision shall read as “Article 172-2(1) of the Criminal Act,” and applied for an amendment to a bill of amendment adding the facts charged to the same description as “the ancillary charge” as “the ancillary charge,” and the court of appeal permitted it to be added to the subject of the judgment

However, as seen below, insofar as it is found guilty of special intimidation, which is the primary facts charged, it is not judged separately for the preliminary facts charged.

B. Judgment on the Prosecutor’s misunderstanding of the legal doctrine 1) The summary of this part of the facts charged is as follows: (a) the Defendant: (b) opened a gas valve and flow out gas by opening a gas valve, and (c) flow out the gas valve, for a large amount of reason, while doing a dispute with the victim G (the age of 48) who is his wife at his

The term "the dead person", and as a result, threatened the victim's body, etc., thereby threatening the victim to carry dangerous gas, which is a dangerous object.

2) The determination of the lower court is that the prior meaning of “Carrying” lies in hand or body.

Therefore, the possible meaning is to operate the target in any broad way.