The judgment below

The part against the defendant shall be reversed.

The punishment of the accused shall be determined by eight months.

The court below dismissed the prosecution on the ground that the victims expressed their intent not to have the defendant punished after instituting the prosecution of this case on the violation of the Labor Standards Act among the facts charged against the defendant.

However, as to the conviction portion of the court below, the defendant appealed only on the ground of unfair sentencing, while the defendant and the prosecutor did not appeal the dismissal portion of the public prosecution, and the scope of this court's trial is limited to the conviction portion of the court below.

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

Judgment

The act of manufacturing, selling and keeping pseudo petroleum products is very harmful to society and society, such as environmental pollution caused by such act, aggravation of the performance of automobiles, disturbance of order in the distribution of petroleum products, reduction of national taxes due to tax evasion, etc. It is also a disadvantageous sentencing factor, such as the fact that the above crime is not eradicated and the need to punish it is large, and the fact that the amount of pseudo petroleum products manufactured, sold and kept by the defendant is not large.

However, in full view of the following factors: (a) the Defendant’s mistake is recognized as a whole; (b) the Defendant’s actual profit resulting from the instant crime appears to be not so significant; and (c) other factors of sentencing indicated in the pleadings, such as the background of the instant crime, circumstances after the instant crime; (d) the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed unreasonable. Therefore, this part of the Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

Criminal facts and evidence recognized by the court as the substance of such facts and evidence.