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(영문) 대구지방법원 2012.08.07 2012노1186

석유및석유대체연료사업법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (fine 7,000,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the purpose of legislation of the Petroleum and Petroleum Substitute Fuel Business Act to protect consumers and protect public health and the environment from harmful exhaust gases, etc. by securing order in the distribution of petroleum products, the crime of this case by the Defendant is not easy, and the quantity of pseudo petroleum products purchased and kept by the Defendant is very large to 3,438 liters.

Considering such circumstances and all the circumstances as the age, character and conduct, living environment, etc. of the Defendant, the lower court’s sentence against the Defendant is appropriate and too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition