석유및석유대체연료사업법위반방조
All the judgment below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of ten months.
1. The summary of the grounds for appeal is unreasonable because each sentence (a year and 6 months imprisonment, a collection by additional collection by Defendant B, a year of imprisonment, a forfeiture, and an additional collection by the court below) declared by the court below to the Defendants is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, each of the instant offenses against the Defendants in violation of the Petroleum and Petroleum Substitute Fuel Business Act is an aiding and abetting offender, and must be punished within the scope of the term of punishment for which mitigation is required pursuant to Article 32(2) of the Criminal Act. Since the lower court’s judgment neglected aiding and abetting, and determined each of the offenses against the Defendants, the lower judgment cannot be maintained in that sense.
3. Accordingly, the judgment of the court below is reversed in its entirety under Article 364 (2) of the Criminal Procedure Act without examining the defendants' respective arguments on unfair sentencing, and the judgment below is reversed, and it is again decided as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 44 subparagraph 3 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 29 (1) 1 of the same Act, Article 32 (1) of the Criminal Act;
B. Defendant B: Articles 44 subparag. 3 and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 32(1) of the Criminal Act (the point of aiding and abetting the storage and sale of fake petroleum products), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the point of transferring access media) and the choice of imprisonment, respectively,
1. Statutory mitigation;
(a) Defendant A: Articles 32(2) and 55(1)3 (Accessories) of the Criminal Act;
B. Defendant B: Articles 32(2) and 55(1)3 of the Criminal Act (the crime of aiding and abetting a violation of the Petroleum and Petroleum Substitute Fuel Business Act).