석유및석유대체연료사업법위반
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 15 million.
The defendant above.
1. The sentence imposed by the court below against the defendant in the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. The act of manufacturing and selling fake petroleum products is a crime detrimental to the distribution order of petroleum products and undermining public safety and the environment, and thus, it is necessary to strictly punish such a serious social harm caused thereby. Defendant A manufactured, stored, and sold fake petroleum products at the gas station in two locations at the same time. The fact that fake petroleum manufactured and kept by the Defendant exceeds 11,00 liters total amount, etc. is unfavorable to the Defendant; however, the Defendant’s confession and reflects the instant crime; the period of the instant crime is three days; the Defendant’s age, character and behavior, environment, the background and consequence of the instant crime; and all of the sentencing conditions indicated in the records and arguments of the instant case, such as the records and arguments, are considered unfair since the punishment imposed by the lower court is somewhat inappropriate.
3. As such, the defendant's appeal is with merit, and the part of the judgment below against the defendant is reversed and it is decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 44 subparagraph 3 of the relevant Act and Articles 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act, the selection of fines, and the selection of fines for criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;