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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of this part of the charges by misapprehending the legal doctrine or misapprehending the legal doctrine, inasmuch as there was no evidence that the Defendant did not open a valve in the gas form, and there was no proof that there was a specific risk of human life, body, or property due to the emitted gas.
B. The sentence of imprisonment (one year and six months) imposed by the court below on the defendant claiming unreasonable sentencing is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant and his defense counsel asserted at the court below that the defendant used a gas tank in C's clothes room and did not directly open a valve. However, the court below rejected the defendant's and defense counsel's above assertion by taking into account the circumstances such as the consistent statement at C's investigation agency and court, E's report process, circumstances leading to the defendant's injury to C after gas release, and the structure of the above gas tank and gas valve, and found the fact that the defendant placed the above gas tank by side as stated in the facts constituting a crime in the court below and emitted gas by putting the gas valve.
B. (1) The following circumstances acknowledged by the court below and the evidence duly adopted and examined by the court below: (i) The structure of gas transit as stated in the judgment of the court below, i.e., (i) an adult, inasmuch as an adult, knife him by inserting a hand in the gas tank and leaving a valve, so it is not well opened. Thus, even if the Defendant and E were to have a knife at the time of the instant case, such behavior alone seems not to be easily opened; (ii) the police and the court of the court below consistently from the police to the court of the court of the court below, stating to the effect that “the Defendant released gas,” and (iii) E also is the same as the above statement by the police.