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(영문) 대전지방법원 2012.11.15 2012노1415

석유및석유대체연료사업법위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 5 million is imposed on Defendant A, and a fine of KRW 4 million is imposed on Defendant B) is excessively unreasonable.

2. The defendants are deemed to be against the defendants, and even though they are in a family or economic difficult environment, there is a history of punishment for the same kind of crime. The crime of this case is likely to undermine the purpose of legislation of petroleum and alternative fuel business in order to protect consumers by securing order in the distribution of petroleum products and to protect people's health and environment from harmful exhaust gases, etc. generated from pseudo petroleum products, and its nature is not good. The period of selling pseudo petroleum products reaches 11 months, and the transferor's 150,000 liter, Defendant B did not change the circumstances such as similar cases, equity with similar cases, and there is no change in the circumstances or circumstances that are newly considered in sentencing after the decision of the court below. In full view of various circumstances that form the conditions of sentencing as shown in the argument of this case, such as the age, character and behavior, environment, motive, means and result of each crime of this case, the sentence against the defendants cannot be deemed to be excessively unfair.

3. Accordingly, the Defendants’ respective appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that they are without merit. It is so decided as per Disposition.