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(영문) 수원지방법원 성남지원 2015.12.24 2015고합230
가스방출
Text

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

On October 1, 2015, the Defendant, at around 00:30 on October 1, 2015, committed suicide with a view to living living in Sungnam-si C and his second floor, with a view to committing suicide, and with a view to having been kept in a kitchen, gas string connected to gas in a kitchen.

Accordingly, the defendant released gas and caused danger to human life, body or property, such as neighboring residents.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of 112 reports;

1. Application of statutes on site photographs;

1. Article 172-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. Gas emissions are crimes for which the sentencing criteria are not set.

The crime of this case is that the defendant discharges gas well by temporarily discharging gas from the house in which he was living, and if the gas explosion led to the gas explosion, it could have suffered irrecoverable human and material damage to neighboring residents. Therefore, the crime of this case is not against the nature of the crime.

However, it seems that the crime of this case was not committed for the purpose of causing harm to others, and it did not lead to large-scale accidents such as gas explosion, and immediately after the crime, the fact that the defendant voluntarily reported to 119 and 112, the fact that the defendant recognizes his own crime and is in depth against himself, and the fact that there is no specific criminal punishment except for the fact that he was fined four times due to the crime such as assault, drinking driving, etc., which is favorable to the defendant.

All of the above conditions of sentencing, including character, conduct, environment, and circumstances after crimes, are considered as ordered.

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