석유및석유대체연료사업법위반
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
provided that this ruling has become final and conclusive.
1. Summary of grounds for appeal;
A. The imprisonment with prison labor for six months sentenced by the first instance court against the first instance judgment is too unreasonable.
B. The imprisonment with prison labor for four months sentenced by the second instance court against the second instance judgment is too unreasonable.
2. Prior to the judgment on the grounds for appeal, the case of this Court No. 2012No2677, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2013No714, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes of the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment for aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the first and second
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen earlier, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 44 Subparag. 3 and Article 29 (1) 1 of the former Act on the Punishment of Offenses and the Selection of Punishment for Petroleum and Petroleum Substitute Fuel Business (Amended by Act No. 11234, Jan. 26, 2012)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal observers, such as the fact that the defendant reflects his mistake in depth and is not punished as criminal records of the same kind of crime, and that it appears that he sold normal petroleum products before purchasing pseudo petroleum products;