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(영문) 대구지방법원 2013.10.29 2013노1714
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflects the fact that he did not have the same criminal record.

However, the crime of selling pseudo petroleum products in this case is a normal situation unfavorable to the defendant, such as the fact that the purpose of legislation of the Petroleum and Petroleum Substitute Fuel Business Act is to protect consumers by securing the distribution order of petroleum products, and to protect national health and the environment from harmful exhaust gases generated by pseudo petroleum products, etc., and that such crime is not good, and that the quantity of fake petroleum products sold or stored by the defendant reaches approximately 300 liters

Considering the above-mentioned normal relationship, the age, character and conduct, environment, and criminal period of the defendant, the sentence imposed by the court below is too unreasonable.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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