beta
(영문) 수원지방법원 2017.11.09 2017노6570

석유및석유대체연료사업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the instant crime; (b) the amount of fake petroleum sold by the Defendant is relatively large; and (c) the fact that it appears that the profits acquired therefrom are not significant.

However, as the instant crime committed, the act of manufacturing and selling fake petroleum products, as it disturbs the distribution order of petroleum products and undermines consumer confidence, and thus requires strict unity. The Defendant has the record of being sentenced to one year and six months of imprisonment, two years of suspended execution, and two years of suspended execution, and the Defendant committed the instant crime without being familiar with the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime. In full view of all the sentencing conditions, the lower court’s punishment cannot be deemed to have exceeded the scope of reasonable discretion or to be unfair because it is too excessive, and the Defendant’s assertion is without merit.

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