석유및석유대체연료사업법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
The seized Samsung SCH-V745 mobile phone certificate.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the prosecutor applied for changes in indictment with the following "criminal facts" and the court permitted changes in the subject of the judgment against the defendant. Thus, the judgment of the court below cannot be maintained further in this respect.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the judgment below is again decided as follows after hearing.
Punishment of the crime
[Criminal Power] On June 20, 2008, the Defendant was sentenced to imprisonment with prison labor for the alteration of securities, etc. at the Daegu District Court, and completed the execution of the sentence on July 15, 2008.
【Criminal Facts】
No person shall supply, sell, store, transport, or keep pseudo petroleum products with the knowledge that such products are pseudo petroleum products, or store, transport, or store them with the knowledge that such products are pseudo petroleum products, or supply, sell, store, transport, or store petroleum products, petrochemicals, alternative fuels, materials containing carbon and hydrogen, with the aim of using them as pseudo petroleum products.
On April 2010, the Defendant leased a (State) F factory located in Yongcheon-si with AD, BF, and N on April 1, 2010. AD is a vocational owner who manufactured and sold pseudo petroleum products, and instructs the overall matters related to its operation to BF, an employee, who is an employee, BF, and N sells pseudo petroleum products. The Defendant introduced that AD manufactures pseudo petroleum and rents it to enable the Defendant to rent the above factory.