석유및석유대체연료사업법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in prison labor for up to eight months and confiscation) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant prior to determining ex officio.
The Prosecutor applied the law to the alteration of measuring instruments among the facts charged in the instant case to “Article 71 and Article 37(2) of the Gyeyang Quantity Act”, and applied for the amendment of an indictment to the effect that “Article 71 subparag. 3 and Article 37(3) of the Gyeyang Quantity Act” was changed to “Article 71 subparag. 3 and Article 37(2) of the same Act, and the subject of the judgment was changed by this Court.
The crime of the above part and the rest of the decision of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced, so the judgment of the court below cannot be maintained any more.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 71 subparag. 3, 37(3) (the alteration of measuring instruments), 46 subparag. 10, 39(1)2 (including the sale of petroleum below the fixed quantity) of the Petroleum and Petroleum Substitute Fuel Business Act, Articles 46 subparag. 10, 39(1)4 (a) of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 39(1)4 (the alteration of business facilities for sales below the fixed quantity) of the same Act concerning facts constituting an offense, Article 71 subparag. 3, Article 37(3) (the alteration of measuring instruments), Article 36 subparag. 10, and Article 39(1)4 (the alteration of business facilities for sales below the fixed quantity) of the same Act, and selection of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Article 62-2 (1) of the Criminal Act on the community service order;
1. Confiscation.