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(영문) 대구지방법원 2016.11.02 2016노3369

석유및석유대체연료사업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was engaged in the storage and sale of petroleum according to L, the president of the instant gas station, and did not know that it was a fake petroleum, the lower court found the Defendant guilty of the storage and sale of fake petroleum among the facts charged in the instant case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by the defendant's assertion of misunderstanding of facts in the same manner as the grounds for appeal of this case, and the court below stated in detail the defendant's argument and its decision on the "a summary of evidence" of the judgment. In light of the records and attitude of the judgment below, the judgment of the court below that the defendant was involved in the sale of fake petroleum products in the oil station of this case shall be justified, and since the statement by the witnessJ alone does not interfere with the above judgment, there is no error of law that affected the conclusion of the judgment by misunderstanding the facts in the judgment of the court below.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant is the primary offender of the judgment on the argument of unfair sentencing.

However, the instant crime causes economic damage to consumers by inducing them to purchase fake petroleum products by deceiving consumers; the use of fake petroleum products causes various harmful substances to the air environment; to pollute the air environment; to undermine the consumer's trust on normal petroleum products; and to impair the social, economic, and environmental harm to the consumer; and to damage the state-owned seal without permission after the discovery of the fact of sale and storage of fake petroleum products; and to remove fake petroleum products without permission; and the Defendant among the facts charged in the instant case.