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(영문) 부산지방법원 2012.12.28 2012노3203
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Although the Defendant’s judgment is against the Defendant’s favorable condition, in light of the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act in order to promote the stability of petroleum supply and demand and prices, and to protect the health and the environment of the people by securing the proper quality of petroleum products and alternative fuel, there is a need for strict punishment for selling similar petroleum products, such as the instant crime.

The crime of this case requires strict punishment in that it is not only poor in the nature of the crime, but also may cause secondary damage to a vehicle that injects pseudo petroleum products, as the defendant sells petroleum products in the gas station, by deceiving customers as if they were to sell them normally.

Moreover, in full view of the fact that the Defendant committed the instant crime without being aware of the fact that the Defendant had been punished twice due to the act of selling pseudo petroleum products, and other circumstances, such as character, behavior, age, environment, motive and background of the crime, means and consequence of the crime, the period and scale of the sale of pseudo petroleum products, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed for lack of grounds.

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