석유및석유대체연료사업법위반등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The Defendant confessions all of the crimes of this case, and is against the law.
The defendant supports two minor children.
However, there are the following disadvantageous circumstances for the defendant.
On November 24, 2011, the Defendant was sentenced to a fine for the same crime in addition to imprisonment with prison labor for a violation of the petroleum and alternative fuel business, for a period of two years, probation for two years, and community service order for 200 hours, and was sentenced to a fine for the same crime. In addition, even though the Defendant had been sentenced to a fine of several times due to the crime of this case, it is inevitable to punish the Defendant again when committing the instant crime.
The Defendant committed the instant crime actively and led by taking advantage of the trade name of another gas station, such as taking part in the crime by Co-Defendant 2, etc., and introducing consumers.
Due to the defendant's crime, the public interest to promote the law such as energy supply and demand and safety of motor vehicles has been harmed.
In addition, considering the Defendant’s age, character and conduct, motive and background of the offense, means and consequence, circumstances after the offense, crime records, and all of the sentencing conditions indicated in the instant arguments and records, the lower court’s punishment is too unreasonable.
Defendant’s assertion is without merit.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.