석유및석유대체연료사업법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
Two motor pumps (No. 11), seized, .
1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.
2. The crime of manufacturing, selling, and keeping pseudo petroleum in light of the purpose of legislation of the Petroleum and Petroleum Substitute Fuel Business Act, which seeks to secure the proper quality of petroleum products to determine and prevent danger and injury caused by dangerous substances, is highly likely to be committed. In particular, the Defendant escaped during one-time investigation conducted by the police due to the instant crime, and re-feasible, and the Defendant was arrested again. The Defendant led to the instant crime, as a person who was in charge of the instant crime, was virtually unable to investigate those who were involved or are suspected to have participated in the instant crime by dumping cell phones with the cell phone in which the contact number of those who supplied pseudo petroleum products or received pseudo petroleum products is stored, and the manufacturing volume and selling market price of pseudo petroleum products are considerable.
However, in full view of the following factors: (a) the Defendant led to the confession of and reflects on the Defendant’s criminal act; (b) the fact that there is no criminal record for the same kind of offense; and (c) the equity in punishment with the accomplice for whom a criminal judgment has already become final and conclusive; and (d) the Defendant’s age, character and conduct, family environment, motive and circumstance of the offense; (b) the means and consequence of the offense; and (c) various sentencing conditions
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to criminal facts and the former Act on the Selection of Punishment of Petroleum and Petroleum Substitute Fuel Business Act.