석유및석유대체연료사업법위반
The prosecutor's appeal is dismissed.
1. In full view of the prosecutor’s summary of the grounds of appeal (fact-finding) and the circumstances leading up to the collection of samples, the Defendant’s statement on the process of mixing milk with the articles different from the Defendant, and the circumstances surrounding the storage of the mixed product on the vehicle for delivery, etc., the lower court erred by misapprehending the facts and thereby acquitted the Defendant of the facts charged.
2. The court below found the defendant and the witness F guilty of the charges of this case on the ground that it appears that the collection products of this case appeared to have mixed 10% via 90% oil, etc. and that it was difficult to view that the defendant had the purpose of using or using the mixed oil as fuel for automobiles, etc., on the grounds that the court below did not err by misapprehending the legal principles as alleged in the grounds of appeal.
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.