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(영문) 대전지방법원 2013.03.28 2013노70

석유및석유대체연료사업법위반등

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All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence of one year of imprisonment with prison labor sentenced to Defendant A, two years of suspended sentence, and fine of 3,000,000 won is too uneased and unreasonable.

B. The six-month punishment of Defendant B’s imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. We examine the prosecutor's assertion of unfair sentencing by the prosecutor. The defendant A attempted to avoid the state's control over the crime of this case, such as preparing a planned crime to go through normal transit when he sells fake transit to an unspecified number of unspecified persons, and paying 30 million won to M who wants to find control information, etc., is not less than the nature of the crime, and thus, the crime of this case should be punished strictly. However, as the defendant A was unable to be exempted from proper operation due to his poor operation of oil station business, it was harsh and caused to the crime of this case. The defendant A did not commit the crime of this case. The defendant did not go against his previous mistake and would not stop the same kind of crime in depth and again. The period of selling fake transit is short, sales amount and profits obtained, and the defendant A's age, character, environment, motive, means and result of the crime of this case cannot be considered to be unfair, considering the circumstances of the defendant A's crime of this case. Thus, the court below's argument that the defendant A's punishment of this case is too unfair.

B. We examine the judgment on the assertion of unfair sentencing on Defendant B’s assertion of unfair sentencing, and the fact that Defendant B’s mistake was not significant in benefits obtained from the crime as a aiding and abetting offender, and that his own mistake was divided in depth at the trial, and that health is not good. However, even if the previous department reached several times and committed the instant crime again during the suspension period of execution due to the same kind of crime, the Defendant committed the instant crime again during the suspension period, such as the discharge of environmental pollutants, the disturbance of distribution order of petroleum products, tax evasion

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