석유및석유대체연료사업법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. The Defendant’s confession of the instant crime is against the Defendant, and the fact that the Defendant did not have much profits from the instant crime is favorable to the Defendant.
Meanwhile, in order to secure a sound distribution order of petroleum products and prevent harm caused by fake petroleum products, it is necessary to eradicate the act of manufacturing, supplying, selling, etc. of even even petroleum products. In particular, even though the Defendant had been punished for violating the same kind of petroleum and alternative fuel business (two times a fine and one time a suspended sentence) over three occasions, the Defendant committed the instant crime. The amount of nuclear acid sold by the Defendant together with E is reasonable, and the amount of nuclear acid sold by the Defendant is considerable, and the method of committing the instant crime is also organized and planned through the so-called “ad hoc” method in order to avoid the crackdown of the investigative agency, which is disadvantageous to the Defendant.
In addition to this point, in full view of the balance with the punishment against other accomplices and other circumstances, including the Defendant’s age, character and conduct, motive, means and method of committing the crime, and the circumstances after committing the crime, it is not recognized that the sentence imposed by the court below is too heavy or too unreasonable.
B. Therefore, the above assertion by the Defendant and the prosecutor is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
[However, according to Article 25 (1) of the Regulation on Criminal Procedure, it is corrected that the items of "competence" in the application column of the judgment of the court below are deleted.