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

One city gas protection (No. 1) seized urban gas, and the intermediate valve of urban gas.

Punishment of the crime

[Power of crime] On March 30, 2016, the Defendant was sentenced to imprisonment with prison labor for six months by the Incheon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on April 7, 2016.

[Criminal facts] On August 17, 2016, around 02:50 on August 17, 2016, the Defendant considered the novel and economic issues in Gangseo-gu Seoul Metropolitan Government C and 203, and considered the reality in an in-depth manner, and had the intent to drink the sudden gas and commit suicide.

The Defendant attempted to cut urban gas strings connected with gas bags, which were placed in the kitchen string, but did not cut, but did not cut the strings by separating the strings from the valve part, and leaked gas for about 22 minutes.

Accordingly, the Defendant leaked gas and caused danger to human life, body or property.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. On-site documentary evidence (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc.;

1. Application of the Act and subordinate statutes to a report (No. 14 No. 14 of the evidence list) on the previous conviction and the result of confirmation of the previous conviction of the disposition;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 2011)

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Non-application of the sentencing criteria: Since the sentencing criteria are not set for gas leakage crimes, the sentencing criteria do not apply to the defendant's crime.

3. Determination of sentence: Imprisonment with prison labor for ten months, the Defendant committed the instant crime in which gas was leaked to commit suicide.

Even if the defendant's motive for committing the crime is considered, it was a new wall leading to the time of crime, and the leaked gas is explosiond and thus another person's life.