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(영문) 인천지방법원 2015.04.17 2015노17

석유및석유대체연료사업법위반

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (7 million won of a fine) imposed on the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. In light of the above, it is recognized that the crime of this case requires strict punishment in that the crime of this case may cause a disturbance in ensuring the adequate quality of petroleum and cause public danger.

On the other hand, however, considering the following factors: (a) the Defendant committed the instant crime in which he was aware of his mistake while committing the instant crime; (b) the Defendant did not have any history of punishment for the same kind of crime; (c) the volume of fakes sold by the Defendant is relatively small; and (d) the Defendant’s age, character and conduct, environment, the circumstances and result of the instant crime; and (e) all the sentencing conditions specified in the records and arguments, such as the circumstances after committing the instant crime, etc., the sentence imposed by the lower court is appropriate; and (d) it is deemed that it is too

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.