석유및석유대체연료사업법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution, community service work for 80 hours) of the lower court is deemed to be too uneasible and unfair;
2. The prosecutor examined ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and the facts charged against the defendant for the first time in the trial.
C. In addition to the contents as stated in the above, the application for changes in indictment was filed with the following criminal facts, and this court permitted it and thus the subject of the trial was changed, so the judgment of the court below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Criminal facts
The defendant is a person who operates at a new store in Daegu Northern-gu C.
1. No person may sell or store petroleum products or materials containing petrochemicals for the purpose of manufacturing or using fake petroleum products as fake petroleum products, the Defendant, from the early July 2012 Police Officer to July 13, 2012, as well as from the aforementioned new or sales store, sold an average of five articles per day by mixing a mixture of luluene with luluene (17 liter; hereinafter the same shall apply) and a part or a single copy with a petroleum product for the purpose of manufacturing or using them as fake petroleum products. On July 13, 2012, the Defendant, from the early July 201 to the aforementioned new or sales store, sold or stored in a mixture with Eela or vuta or vuta or 231, or 1,200 liters, for the same purpose.
2.do not sell or keep fake petroleum products in any way;
A. The Defendant, from October 19, 2012 to November 30, 2012, at the aforementioned new sales store, from around November 11, 2010 to around November 30, 2012, against the unclaimed customers, 17 liters mixed with Toluene and Methol, a petrochemicals, with the solvents, as petroleum products, as a petrochemicals, as a group of 17 literss.