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(영문) 대전지방법원 2016.08.08 2016고단1506

석유및석유대체연료사업법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 14, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Petroleum and Petroleum Business Act, etc. at the Suwon House on December 12, 2014, and completed the execution of the sentence at the Suwon House on December 12, 2014, and was actually operated by the Defendant “AM located in Ilyang-gu, Manyang-si.

No person shall manufacture, keep, or sell petroleum products containing other petroleum products or carbons and hydrogen.

Nevertheless, at around December 8, 2015, the Defendant purchased and stored a fake petroleum product 9 drum (200 drums for 1 drums) in which substances consisting of carbon and hydrogen are mixed with petroleum products from his name brokers, and a fake petroleum product 3 drums in which other petroleum products are mixed with gasoline for automobiles.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of suspect of the police against AD;

1. Statement made by the police with respect toN;

1. A written accusation;

1. The result of the quality inspection of petroleum dancing;

1. A certificate to collect feed for inspection;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal identification;

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 of the Act on the Selection of Petroleum and Punishment as well as Article 44 subparagraph 3 of the Act on the Petroleum Substitute Fuel Business (or selection of imprisonment with prison labor);

1. In light of the fact that the reason for sentencing Article 35 of the Criminal Act of aggravated repeated crimes increases in people who sell them for a short period of time, even though the occurrence of a very serious social problem, such as the emission of environmental pollutants, disturbance of distribution order of petroleum products, tax evasion, etc., it is inevitable for manufacturers who manufacture and supply fake petroleum products, the amount of fake petroleum products stored by the Defendant is not large, the Defendant has the same criminal record, the Defendant again repeated the instant crime, which is the same kind of crime, without being aware of the repeated offense due to the same criminal record.

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