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(영문) 의정부지방법원 2013.11.28 2013노2195

석유및석유대체연료사업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (eight months of imprisonment) shall be too unreasonable.

2. It is recognized that the circumstances favorable to the defendant, such as the fact that the profits acquired by the defendant from the crime of this case seems to be gross, that the health of the defendant is not good, that there are family members to support the defendant, and that the defendant reflects his mistake.

However, in light of all kinds of sentencing conditions indicated in the records of this case, such as the following facts: (a) the size of pseudo petroleum produced by the Defendant was large; (b) the Defendant was punished by a fine as the same criminal power; and (c) the Defendant was sentenced to a suspended sentence after re-offending the same criminal act; (d) the instant crime was committed at the time when the said suspended sentence became final and conclusive; and (e) the Defendant committed again the crime at the time when two months elapsed; and (e) the Defendant did not take account of the unfavorable circumstances after the crime, such as the Defendant’s life for escape and escape after the completion of the statute of limitations after the crime; and (e) in light of all the sentencing conditions indicated in the records, such as the background leading up to the crime, the Defendant’s age, character and conduct

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.