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(영문) 부산지방법원 서부지원 2019.07.11 2019고합116
폭발성물건파열치상
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant, who is a female living together (n, 47 years of age), dumping to drink and drink alcohol. On September 19, 2017, at around 10:45, the Defendant: (a) in the house where the Defendant living on the second floor and in the house where, on September 19, 2017, the Defendant: (b) laid down the gas in a way that gas shots in the air by blocking both visits and windows on the room and dividing the two parts of the bomb gas into the room; and (c) laid down the gas in a way that gas shots in the air.

As a result, the windows are broken, and the glass wave is protruding to the victim, thereby causing injury to the victim, such as the snow grass that requires approximately four weeks of treatment, open wound in and around the snow area.

Accordingly, the defendant sold explosive objects and caused the injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Investigation report (to attach B written opinions of opinions of witnesses);

1. Application of fire site survey reports and statutes on site photographs;

1. Article 172 (2) (main sentence) and Article 172 (1) of the relevant Act concerning the facts constituting an offense and the multiple-choice Act;

1. Discretionary mitigation (The conditions favorable to the following reasons for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing):

1. The sentencing criteria are not set for the crime of causing the injury of explosive objects due to the sentencing of Article 62-2 of the Criminal Act.

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. According to the decision of sentence, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, and various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime.

D. Unfavorable circumstances: The Defendant’s crime of this case was explosiond by fluor gas in a house located in his/her place of residence for the purpose of committing suicide, against his/her female living together with others.

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