석유및석유대체연료사업법위반
All parts of the judgment of the court below against Defendant C, D, and A shall be reversed.
Defendant
C and A shall be sentenced to two years and two months of imprisonment.
Summary of Grounds for Appeal
Defendant
C (U.S. 1 and 6 months of imprisonment, and 3 years of imprisonment: Imprisonment with prison labor and 1 year and 2 months) of the original judgment is too unreasonable.
Defendant
D. The sentence of the original judgment (the first instance judgment: imprisonment with prison labor for 10 months, and 1 year) is too unreasonable.
Defendant
The sentence A (nomenclature) of the original judgment (nomenclature 2: imprisonment with prison labor for 1 year and 4 months, and imprisonment with prison labor for 1 year and 4 months) is too unreasonable.
The first instance court's sentence (ten months of imprisonment and two years of suspended execution) against Defendant E on the ground that the prosecutor (the defendant E is unreasonable) is too uneasible and unfair.
Judgment
Defendant
The court of the trial of the ex officio judgment against C, D, and A decided to consolidate each appeal case of the judgment of the court below against C, D, and A.
Of the judgment of the court below, the parts against Defendant C, D, and A in relation to concurrent crimes under the former part of Article 37 of the Criminal Act are concurrent crimes, and a single punishment shall be sentenced within the scope of the term of punishment subject to aggravated punishment by judgment pursuant to Article 38(1) of the Criminal Act
In this respect, the parts of the judgment of the court below against Defendant C, D, and A cannot be referred to all as it is.
Defendant
The instant crime of determining E is not punishable in light of socioeconomic damage resulting from the manufacture and sale of fake petroleum products to an unspecified number of drivers, in collusion with Defendant C, A, or D as a retail of fake petroleum products, and the sale of approximately KRW 158,400,000,00 of the market price of which is equivalent to KRW 300,000,000 of fake petroleum products manufactured and transported by other Defendants.
However, in full view of the following: (a) Defendant E led the instant crime and reflects his mistake in depth; (b) the degree of participation is not deep compared to other Defendants who actively led the instant crime; and (c) the primary offender with no power to commit any crime; and (d) other various sentencing conditions, such as Defendant E’s age, character and conduct, environment, details of the instant crime, and circumstances before and after the instant crime.