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(영문) 대구지방법원 안동지원 2016.08.25 2016고합31
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2016, at around 02:00, the Defendant opened a gas valve installed in the kitchen in the way of drinking alcohol, and emitted a large amount of urban gas for about 10 hours from around 12:00 of the same day, from around 00 to around 12:00 of the same day.

Accordingly, the Defendant released gas and caused danger to human life, body or property.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to hear statements made by relevant witnesses for gas inspection;

1. Investigation report (to hear the statements of investigation officers E in charge of fire analysis teams by telephone);

1. Application of the statutes on seizure records and the list of seizure lists;

1. Article 172-2 (1) of the Criminal Act concerning the facts constituting an offense;

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing).

4. The community service order under Article 62-2 of the Criminal Act;

5. Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1)1 of the Confiscation Criminal Act) provides that a prosecutor may confiscate a seized gas valve (No. 1). However, according to the records, the above gas valve appears to belong to the owner of the house leased by the Defendant, or the company installing a gas valve. The investigative agency only voluntarily received the above gas valve from the Defendant at the time of the instant crime. Since the above gas valve belongs to a person other than the offender, it did not meet the requirements for confiscation under Article 48(1) of the Criminal Act.

Therefore, subparagraph 1 of the certificate does not be confiscated.

Reasons for sentencing

1. Imprisonment with prison labor for not less than six months but not more than five years;

2. The crime of this case (the sentencing guidelines are not set) leads to gas explosion, which led to the Defendant’s act of gas leakage by well-fashing gas supply control installed in multi-households in which he/she had resided in the process of attempting suicide.

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