석유및석유대체연료사업법위반
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
except that this judgment.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court against Defendant A (one year of imprisonment and two years of suspended execution) is too unreasonable.
B. The punishment sentenced by the lower court against Defendant B (eight months of imprisonment) is too unreasonable.
C. The above sentence sentenced by the court below to Defendant A is too unhued and unfair.
2. Determination
A. In light of the fact that Defendant A committed the instant crime even though he had been punished for the same crime, and that the instant crime is a crime that facilitates the manufacture of fake petroleum products and is likely to cause serious socioeconomic harm by impairing the legislative intent of the petroleum and alternative fuel business in order to promote stability in petroleum supply and demand and prices and ensure the proper quality of petroleum products and alternative fuel, etc., the Defendant’s liability for the crime is not easy.
However, in full view of the facts that the above defendant led to the confession of the crime and reflects the mistake, the quantity and the frequency of supply of the supplied delivery, and the above defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., and all of the sentencing conditions and the records of the present case, such as the circumstances after the crime, it cannot be deemed that the sentence of the court below is too heavy or unreasonable.
Defendant
A and prosecutor's above arguments are without merit.
B. As to Defendant B’s assertion, the fact that Defendant B’s transport of fake petroleum products for a long period of time and the transport volume is not significant, and the instant crime is an offense that facilitates the manufacture of fake petroleum products and is likely to cause serious socioeconomic harm by impairing the legislative intent of the petroleum and alternative fuel business in order to promote the stability of petroleum supply and demand and prices and ensure the proper quality of petroleum products and alternative fuel.