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(영문) 대전고등법원 2017.02.03 2016노292

송유관안전관리법위반등

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The defendant's appeal is dismissed.

Reasons

Improper sentencing of the main reason for appeal: The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is committed by the Defendant’s establishment of a detailed plan in advance with multiple accomplices, including a Doing technician, and the Defendant bears a systematic role, and installed oil theft facilities on the oil pipelines, and attempted to steals petroleum.

This is not only an offense against property with a high social and economic value, but also an oil pipeline, which is a public facility, and is installed within a broad range without any special monitoring equipment, and abuse of oil pipelines, which are vulnerable to theft for a considerable period of time, after preparing for an offense, and for a long time with systematic and professional veterinary methods, the theft of oil being transmitted is deemed to be heavy, and thus, a crime is likely to be committed.

It is inevitable to see.

It is not desirable from a general preventive point of view to preventing other crimes of the same kind and kind, rather than corresponding to the criminal liability.

In the criminal process, there is a large risk of explosion of oil pipelines or a large accident such as fire, and when oil pipelines are damaged, there is a high possibility of social harm and injury such as damaging the surrounding soil due to the leakage of oil.

The Defendant conspireded to receive KRW 50 million, and served as the president of the site of the gas station, which is used as the place of the crime, to sell the ground to operate the gas station. When the instant crime was discovered, the Defendant escaped.

The defendant has been sentenced to punishment for a violation of the Petroleum Business Act and has been punished several times.

The sentence imposed by the court below on the defendant constitutes the lowest sentence of the punishment by law and there is no particular change in the court at the same time.

In addition to these circumstances, the conditions of sentencing that can be identified by the records of trial.