석유및석유대체연료사업법위반등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant of the Prosecutor.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment) is too unreasonable.
B. The sentence sentenced by the court below to Defendant B (ten months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) is too uneased and unreasonable.
2. Determination
A. Defendant A’s assertion of unfair sentencing regarding Defendant A’s assertion of unfair sentencing amounts amounts to approximately seven months during which he/she sold soft events to the market seller for the purpose of manufacturing fake petroleum products or using them as fake petroleum products, and is reasonable as the transfer 1,043,000 liters of the sale.
Defendant
A from September 1, 2012 to September 3, 2012, at the gas stations it operates, sold fake gasoline mixed with gasoline and sowing event to 516 customers.
The above crime undermines the purpose of legislation of the petroleum and alternative fuel business in order to protect consumers by securing the distribution order of petroleum products, and sells fake gasoline to ordinary consumers who are not aware of the fact that it is a fake signboard, and the harmful effects to the social and economic environment are very heavy.
However, the defendant A has no record of being punished for the same crime, and the defendant A has recognized the crime in depth.
Some victims of fraud agreed.
Defendant
In full view of the age, character and conduct, environment, etc. of the defendant A and all of the sentencing conditions shown in the records and arguments, the punishment imposed by the court below on the defendant A is unreasonable.
B. Defendant B had a record of being sentenced to a fine or a suspended sentence for the same crime, and at the same time, committed the instant crime.
However, the degree of Defendant B's criminal act is relatively relatively less severe, and the profits acquired by the criminal act are also small.