logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.11.14 2014고합534
가스방출등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 3, 2014, at around 13:40 on August 3, 2014, the Defendant released gas from the Defendant’s residence of the victim D, who is the front domicile of the Busan Jin-gu C, Busan, and caused danger to the life, body, and property of the said victim, two children of the victim, three family members living in the upper floor, and three family members living in the upper floor, by using the kitchen and the kitchen for the reason that the victim refused to engage in the sexual intercourse and disregarded himself.

2. The Defendant, at the above date and time, threatened the victim D with “the same dead person.” The Defendant, as seen above, threatened the victim by means of threatening the victim with well-known gas ELG (LPG) gas as the victim died.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 172-2 (1) of the Criminal Act and Article 283 (1) of the Criminal Act (the point of gas emission) of the same Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the long-term punishments of the above two crimes] among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act [the scope of a sentence of punishment] 1 year to 13 years [the scope of a sentence of punishment]: Crimes of violence, intimidation, and Type 1 [the scope of a recommendation]: Imprisonment from 2 months to 1 year [the scope of a modified recommendation] imprisonment [the scope of a punishment of gas emissions for which no sentencing guidelines have been set] for at least one year (the minimum limit of the above recommendation range shall be considered, and the minimum limit shall be considered only the applicable sentencing range] [the grounds for suspension of execution] contingent crimes, detention of a defendant entails excessive difficulty for his dependants [the grounds for a suspended sentence] 1 year and 6 months, and the crime of this case for the suspension of execution three years].

arrow