석유및석유대체연료사업법위반
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The crime of this case is to sell fake petroleum products that the Defendant received from D to many and unspecified persons.
The crime is likely to undermine the sound distribution order of petroleum products, and most of them may cause the breakdown of vehicles or traffic accidents by reducing the quality of petroleum products used as fuel for vehicles, and it interferes with the collection of taxes imposed on petroleum products, and the quality of the petroleum products may infringe on the health and the environment of the people due to harmful exhaust gases generated from the use of fake petroleum products with low quality.
In addition, the criminal period of the defendant has reached three months, and the amount of fake petroleum products sold by the defendant is about 15,600 L.
In addition, considering the fact that the defendant committed the crime of this case during the period of repeated crime after serving as a crime of violation of the Punishment of Violences, etc. Act (joint attack) and then committed the crime of this case, it is necessary to punish the defendant with severe punishment corresponding to the punishment for the crime.
However, the defendant seems to have recognized all of the crimes of this case and committed a mistake in depth.
In addition, the Defendant, without involvement in the manufacture of fake petroleum products, sells fake petroleum products provided by D and acquires only a fee equivalent to 10% of the sales proceeds, and the degree of participation in the entire crime related to fake petroleum products of this case is relatively minor.
In addition, in full view of the fact that the defendant has no criminal power in the same kind of crime, and other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence of the court below (the fine of 12 million won) shall be appropriate, and it shall be too heavy or too harsh.