석유및석유대체연료사업법위반등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be a list of crimes (Ⅱ) attached to the judgment of the court below.
1. The summary of the grounds for appeal is too unreasonable that each sentence (the imprisonment of one year and six months, the imprisonment of one year and six months, the imprisonment of one year and six months, and the imprisonment of ten months) declared by the court below to the Defendants.
2. Determination
A. According to the judgment on the grounds for appeal ex officio against Defendant A, prior to the judgment on the grounds for appeal of ex officio, the records of this case, Defendant A, at the Daegu District Court resident support on June 10, 2014, sentenced to a suspended sentence of one year for six months, and the judgment becomes final and conclusive on June 18, 2014. As such, the Road Traffic Act violation (Unlicensed Driving) crime, etc. for which the judgment became final and conclusive as above, and the List of Crimes (Ⅱ) Nos. 1 through 18 of the attached Table (Ⅱ) of the judgment of the court below in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt the sentence, the sentence shall be determined after examining the case where the judgment is to be made at the same time in accordance with Article 39(1) of the Criminal Act, and there is an error in the application of the law of the court below against Defendant A, which affected the omission of the treatment of concurrent crimes.
C. Although there are favorable circumstances for the above Defendants B and C’s assertion of unfair sentencing, each of the instant crimes was committed by manufacturing fake petroleum and selling it to the general public, and such an act of selling fake petroleum is not sufficient to commit a crime that harms the distribution order of petroleum products and the public safety and environment. The above Defendants were punished for the same kind of crime, and the above Defendants’ age, character and behavior, environment, means and method of the crime, degree of participation in the crime, and circumstances before and after the crime, etc., were considered in light of the unfavorable circumstances such as the above Defendants’ age, character and behavior, environment, method and method of the crime, degree of participation in the crime, and other various circumstances, which are the conditions for the sentencing specified in the instant pleadings, such as the circumstances before and after the crime.