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(영문) 의정부지방법원 2015.05.13 2015노99

석유및석유대체연료사업법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (20,000,000 won of fine) of the lower court is too unhued and unreasonable.

2. The crime of this case is not registered with the competent authority, and there is a large amount of petroleum sold with the oil of approximately 7,990,000 liters' own ship oil for about 11 months, for the purpose of fuel of motor vehicles, etc., and the selling period is not shorter. The Defendant was sentenced to suspended execution for the same kind of crime at the Changwon District Court on February 19, 2014, and the judgment became final and conclusive on February 27, 2014. In light of the fact that the instant crime was committed during the suspended execution period, the crime of this case is very poor.

However, the fact that the defendant would not reach the crime again, such as closing a petroleum selling business, and if a sentence is imposed on the defendant, it would be deemed that the suspended sentence would be invalidated if most of the crimes in this case were committed prior to the suspended sentence. Considering that most of the crimes in this case were committed prior to the suspended sentence, it seems that this would be too harsh for the defendant, and that there was only the fact that the defendant was punished by a minor fine in around 1995 and around 202 for a long time, other than the previous crimes in the same kind of crime, and that there was only the fact that the defendant was punished by a minor fine in around 1995 and around 202, and that other all the sentencing conditions shown in the records and arguments in this case, such as the defendant's age, environment, criminal act and consequence, after the crime

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.