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(영문) 대전지방법원 2015.03.26 2014노3802

석유및석유대체연료사업법위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two months of imprisonment) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

Although the Defendant was sentenced two times or six months to imprisonment for violating the Petroleum and Petroleum Substitute Fuel Business Act, he again committed the instant crime during the period of repeated crime. The instant crime was committed with the moving oil using the fluor, thereby undermining the normal distribution order of petroleum, which is disadvantageous to the Defendant.

However, unlike the previous criminal records of the defendant who manufactured and sold pseudo petroleum products which cause danger to traffic safety by causing damage to vehicles or are likely to cause air pollution, the crime of this case itself distributes light oil for vessels, which is pseudo petroleum products. The statutory punishment of the crime of this case also regulates lower punishment than the crime of violating the law that sells pseudo petroleum products; the defendant repents and reflects his mistake; the defendant has supported his/her baby with his/her baby, and the defendant has supported his/her baby and is living in good faith after his/her release, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., are considered as inappropriate or unreasonable.

In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.