석유및석유대체연료사업법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two months of imprisonment, confiscation) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The crime of this case is that the Defendant removed a light oil identification chemical from light oil with a lower price than light oil, and then manufactured fake petroleum products by mixing it with light oil, removed a light oil identification chemical with a tank 30,000 liters using a fri meter meter for sale and stored in a storage tank after removing light oil identification chemical with a tank 40,000 liter for sale. In light of the method and scale of the crime, the illegality of the act is not easy.
Furthermore, if fake petroleum products are manufactured and distributed in addition to the disturbance of tax evasion and distribution distribution order, it can cause disturbance to the function of the vehicle and lead to serious accidents. Therefore, it is necessary to seriously commit a crime that has great social harm.
In addition, considering the fact that the defendant reversed some of the statements during the investigation process, and the seller of the above tank Crori vehicle and the person concerned were urged, it is necessary to punish the defendant with severe punishment.
However, the Defendant appears to have committed the instant crime from the lower court to the trial. The Defendant was aware of his perception of committing the instant crime in depth.
Moreover, the Defendant was found at the stage of detection, which was in custody for the purpose of selling the re-identification system as above, and it did not reach up to the time of manufacturing or selling the mixed oil and light oil in the market. Accordingly, it seems that there was little profit that the Defendant acquired by himself.
In addition, the defendant was punished by a suspended sentence once or four times of a fine without the same criminal record before committing the crime of this case, and the defendant is punished by the defendant.