석유및석유대체연료사업법위반
All judgment of the court below shall be reversed.
The sentence against the accused shall be determined by one year and six months of imprisonment.
except that this judgment.
1. Summary of grounds for appeal;
A. The sentence of the lower court (the first instance judgment: 2 years of suspended sentence for 8 months of imprisonment, 120 hours of community service order, 2 years of suspended sentence for 1 year of suspended sentence, 120 hours of community service order) is too unreasonable.
B. The form of the judgment of the court of first instance by the prosecutor is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal, this Court tried to examine each appeal case against the judgment of the court below by combining each of the appeals cases. Each of the offenses of the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot escape from reversal.
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 and the prosecutor's allegation of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 44 subparagraph 3 of the relevant Act on the crime, Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act (a violation of the Petroleum and Petroleum Substitute Fuel Business Act), Article 347 (1) of the relevant Criminal Act, and the choice of imprisonment, respectively;
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;
1. In the event of violation of the Act on the Punishment of Oil and Petroleum Substitute Fuel Business for the reason of sentencing under Article 62-2 of the Social Service Order Act, the Defendant sold approximately 408,00 liters in collusion with E, F, etc. in a planned market price of 695,072,680 liters, thereby undermining petroleum distribution order and causing substantial damage to the purchaser.