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(영문) 수원지방법원 성남지원 2019.07.17 2018고단2210
과실폭발성물건파열
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2018, the Defendant: (a) on the street of the restaurant, “C” located in Gyeonggi-si, Hanam-si; and (b) on the street of the restaurant, in order to have the Defendant embarked on the Drash car owned by the Defendant to commit suicide by inhaleing the butane gas; (c) opened in advance two bane gases prepared, divided the entrance into the said car, divided the gas into the inside of the said car; and (d) set off the gas.

On the same day, at around 04:50 on the same day, the gas remaining in the passenger car gets out of the sealed car. As such, it was damaged to repair the victim E-owned signboards, glass windows, etc. to have a total of 3,29,937 won, as stated in the attached Form No. 1, 26,937 won, as well as the cost of repairing the goods owned by the victims, such as the victim E-owned signboards, glass windows, etc., after opening windows to prevent explosion to all gas inside the car so that the gas from spreading out of the car, had a duty of care to prevent the accident by using the ignitionr, etc., but did not take such measures.

Accordingly, the defendant caused danger to human life, body or property by burning explosive objects by negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, H, I, J, and K;

1. Records of fire explosions of vehicles;

1. Report on the results of identification of explosions;

1. Application of Acts and subordinate statutes to materials proving damage;

1. Articles 173-2 (1) and 172 (1) of the Criminal Act concerning the relevant criminal facts, and the selection of imprisonment without prison labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The negligence of the instant crime in the course of inhaleing carbon gases on the grounds of the sentencing of Article 62(1) of the Criminal Act, is not easy and may occur.

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