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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).
2. The crime of keeping and selling pseudo petroleum products of this case requires strict punishment to protect consumers through the quality control of petroleum products, to prevent prevention of Fiscal Evasion, and to protect the body and environment of the people, and even if the defendant committed the crime of this case several times by committing the same act in the same or adjacent place (one time of suspension of execution, one time of fines, and four times) in the same or adjacent place with this case, etc., it is unfavorable circumstances that the defendant committed the crime of this case, or the defendant committed the crime of this case. However, the defendant recognized the crime of this case and did not have any criminal record of the defendant, and the defendant did not have any criminal record of the same act, and the amount of pseudo petroleum products kept and sold by the defendant is not large, taking full account of all the circumstances that form the conditions of the sentencing of this case, such as the defendant's age, character and behavior, environment, motive and means of the crime of this case, the defendant's allegation of unfair
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed, and it is decided again as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 44 subparagraph 3 of the Act on the Punishment of Crimes and Article 44 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business and Article 29 subparagraph 1 of the same Act, and Article 30 of the Criminal Act;