액화석유가스의안전관리및사업법위반
The prosecutor's appeal is dismissed.
1. At the time of the instant case involving the gist of the grounds for appeal, “C” appears to have closed down. According to the evidence submitted by the prosecutor, the Defendant, even if not, or was, a sales employee of “C”, is deemed to have run sales business in its own position
Therefore, the judgment of the court below which acquitted the primary and conjunctive charges of this case on different premise is erroneous in the misapprehension of legal principles or misconception of legal principles.
2. Summary of the facts charged in this case
(a) A person who intends to operate a liquefied petroleum gas sales business primarily charged shall obtain permission from the head of Si/Gun/Gu for each sales place;
Nevertheless, the Defendant worked as “C” employee without obtaining permission for liquefied petroleum gas sales business, and around May 13, 2014, the Defendant reported the advertisement of “F Stick’s Stick attached to the Defendant’s prior customer E in Nowon-gu Seoul Special Metropolitan City, Nowon-gu’s D, and sold the “F Stick’s” container independently.
B. In order for a liquefied petroleum gas filling business entity to charge containers of liquefied petroleum gas, it shall examine the safety of containers in advance as prescribed by law, and then charge containers that meet the inspection standards. However, around May 13, 2014, the Defendant, working in the “C”, a liquefied petroleum gas filling business entity, supplied liquefied petroleum gas to the name-free customers under D, while supplying liquefied petroleum gas to him/her, he/she filled the liquefied petroleum gas in a container without undergoing safety inspection that he/she purchased.
3. The judgment of the court below and the party deliberation
A. The lower court’s judgment, first of all, prior to the amendment by Act No. 13089 on January 28, 2015 as to the primary facts charged, as to the former Safety Control and Business of Liquefied Petroleum Gas Act.
c. The term "Act" is defined only as "Act."
Article 48(1) and Article 3(2) do not obtain permission.