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(영문) 의정부지방법원 2017.01.11 2016고합556
가스방출
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

On November 17, 2015, the Defendant was sentenced to five months of imprisonment with prison labor for special intimidation by the District Court of Jung-gu on November 17, 2015 and completed the execution of the sentence on November 22, 2015.

Criminal facts

On November 22, 2016, the Defendant, at the time of the Government-Si around 19:14 on November 22, 2016, said that there is no longer a woman in ordinary fluencing, in the Defendant’s residence.

In this regard, the report was filed with the complaint under the influence of alcohol, and the report was filed with the 112 report that “to save and kill the gas,” thereby emitting gas from the gas facility installed in the residential area.

Defendant 1: (a) caused danger to life, body, property, etc. of an unspecified number of people living in five households located in a multi-household housing unit by cutting rubber and opening a gas valve in a knife and releasing approximately 0.2 cubic meters of gas for about 10 minutes; and (b) resulting in risk to life, body, property, etc. of an unspecified number of people residing in five households.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Investigation report (case of gas emission volume), internal investigation report (to hear statements made by suspects in the Fluor of internal combustion);

1. The first place and photograph of the suspect, notification to the department related to the report of the 112 case, lease contract of real estate, and photographs near the site, such as residence of the suspect;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of previous convictions in disposition, and applying Acts and subordinate statutes to investigation reports (report attached to judgment);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes [This Article has a previous record of special intimidation as indicated in the judgment]

1. Determination as to the defendant and defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., grounds for considering the circumstances of the crime)

1. The summary of the assertion is that the Defendant, at the time of the instant crime, drinked 13 illness during 5 days, and took an intermediateal stability system, and the Defendant lacks the ability to discern things or make decisions, due to the influence of alcohol and medicine.

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