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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant intentionally manufactures fake petroleum products by mixing about 15% of them with the instant facts charged and sells approximately 300 liters of fake petroleum products to E; and (b) the lower court found the Defendant guilty of the instant facts charged; and (c) the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is a person who runs a petroleum sales business with the trade name “D” in Kimcheon-si, Kimcheon-si.
No person shall manufacture, import, store, transport, store or sell fake petroleum products.
Nevertheless, at around 08:30 on September 10, 2013, the Defendant received an order to deliver the transit from E, and manufactured fake petroleum products by mixing about 15% of them with light oil in the F tank glass vehicles, and sold approximately 300 liters among them to E.
B. As to the facts charged in the instant case, the lower court determined that the Defendant did not intentionally combine the transit oil with the oil remaining in the oil tank in the process of recycling it again, and sentenced the Defendant not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act, on the ground that there was no proof of a crime, on the ground that there was no proof of a crime, such as the Defendant’s change in the bar, which is presumed to have been mixed with the transit oil in the process of mixing it again, while supplying the oil to E with
C. The burden of proving the facts charged in a 1-related statutory criminal trial for the trial of the party shall be borne by the public prosecutor. The conviction of the defendant shall be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, it is doubtful that the defendant is guilty.
(b)if any;