석유및석유대체연료사업법위반
The prosecutor's appeal is dismissed.
1. The prosecutor of the gist of the grounds for appeal asserts that the court below's punishment (two years of suspended execution in one year of imprisonment) is unhued and unreasonable.
2. Since social harm such as the emission of environmental pollutants, disturbance of distribution order of petroleum products, tax evasion, etc. is serious when using pseudo petroleum as a fuel for an automobile judgment, there is a need for strict punishment for the crime of manufacturing and selling pseudo petroleum products, and the fact that the Defendant has been punished several times for the same kind of crime is disadvantageous to the Defendant.
However, the degree of the defendant's participation seems not to be more severe in comparison with H, the fact that there is a family member to support the defendant, and the fact that the defendant reflects his mistake, etc. in consideration of the circumstances favorable to the defendant, and there are no special circumstances or circumstances newly considered in the sentencing after the decision of the court below. In full view of the following circumstances, the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., as well as the circumstances attached to the arguments and the sentencing indicated in the records of this case, it is not recognized that the sentence imposed by the
Therefore, prosecutor's assertion is not accepted.
3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.