송유관안전관리법위반
The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment for two years, and Defendant B for one year.
In light of the fact that the Defendants were able to repent of their mistakes, and the additional deposit was made (Defendant A: 50 million won, Defendant B: 5 million won, and Defendant B), etc., the Defendants asserted the grounds for appeal by the Defendants that the punishment of the lower court (Defendant A: imprisonment for 2 years and 6 months and forfeiture, etc.; Defendant B: imprisonment for 2 years and 2 years) is too heavy.
Therefore, the part of the judgment of the court below against the Defendants is reversed, and the pleading is again decided as follows (Article 364(6) of the Criminal Procedure Act). Pursuant to Article 369 of the Criminal Procedure Act, the corresponding part of the judgment of the court below shall be cited.
Application of Statutes
1. Relevant Article 13-2 (1) and Article 13 (1) 2 of the Oil Pipeline Safety Control Act, Article 30 of the Criminal Act concerning criminal facts;
1. Reduction of volume (Defendant B) Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);
1. Confiscation (Defendant A) Article 48(1)1 of the Criminal Act;
1. The crime of this case committed by the Defendants on the grounds of sentencing under Articles 333(2) and 333(1) of the Criminal Procedure Act on the issuance of victims (Defendant A) committed the crime of this case on the grounds of sentencing. The crime of this case committed the theft of passing through the pipelines installed by another person after leasing the site of the second water at the pipelines near the pipelines managed by the injured person, and then committed the crime of this case on the grounds that social harm and injury, such as environmental pollution or large traging, and distorted the petroleum distribution market, requires strict punishment. The Defendants and their accomplices shared their respective roles such as transporting and selling, monitoring, and various instructions, and each act of crime committed is very closely and systematically organized and organized. Defendant A planned and led to the whole crime of this case, Defendant B took exclusive charge of selling the stolen light oil and sold it (10 won per liter).