석유및석유대체연료사업법위반
All appeals by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. In light of the fact that the defense counsel recognized a mistake and against the Defendant, and that the Defendant did not directly participate in the commission of the manufacture of fake in addition to the storage and custody of the raw material product of fake petroleum, the lower court’s sentence that sentenced one year and six months to imprisonment is too unreasonable.
B. In light of the fact that the Defendant was involved in the Defendant’s act of manufacturing fake petroleum for a long time, and that it is not good that the Defendant was involved in the Defendant’s act of manufacturing fake petroleum, which is a serious crime that disturbs the sound distribution order of petroleum products, and that there is a need for strict punishment, the sentence of the lower court is too unreasonable.
2. The crime of this case is found to have been committed by the Defendant with the direction of F, etc. and stored in the storage tank of the factory manufacturing fake petroleum products with the total amount of 73,250,602 liters for the purpose of allowing the Defendant to manufacture and use fake petroleum products. It is not good that the crime of this case is not committed. The social harm of the crime of this case is large, the amount of the fake petroleum product products stored and kept by the Defendant is very large, and the Defendant was not directly involved in the manufacture of fake petroleum.
Even if the product was supplied and stored, the defendant's participation in the manufacture and distribution of fake petroleum is not less than that of the defendant, the defendant has been sentenced to a fine for the same kind of crime, on the other hand, recognized the defendant's mistake and reflects the fact that the profits acquired by the crime of this case are not more than the other accomplices, and in full view of all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, degree of damage, motive and circumstance of the crime, etc., the court below's punishment is deemed to be reasonable, too heavy or excessive.