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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. The circumstances favorable to the Defendant include: (a) the Defendant has no record of committing a crime; (b) the confession of each of the crimes in this case and the mistake appears to have been repented; and (c) there are no materials to deem that there exists no significant benefit from each of the crimes in this
On the other hand, the Defendant conspired with other accomplices to take part in a series of organized crimes where he takes part in transportation, storage of raw materials manufactured through fake transit, manufacture of fake transit, and transport. In addition, when certain accomplices are arrested, the nature of the crime is extremely poor by allowing them to flee, and the quantity of fake transit manufactured and distributed in the above manner is at least 1.60,00 liters and has not a small amount of sales. The crime of this case is not eradicated and is only limited to society, and there is a significant risk that may inflict economic harm, such as disturbance of the distribution order of petroleum products, aggravation of the performance of automobiles, reduction of national tax revenue due to tax evasion, etc. As such, the Defendant did not eradicate such crime, and thus there is a great need to punish such crime, and there is no special reason to change the sentence of the court below at the time of sentencing, and it is not acknowledged that the Defendant’s age, sex, environment, motive and method of the crime, and circumstances are too excessive before, after or after the crime, and there are no other circumstances found to be excessive conditions for sentencing.
Therefore, the defendant, his defense counsel, and the prosecutor's above argument of sentencing are not accepted in all.
3. In conclusion, each appeal filed by the defendant and the prosecutor is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.