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(영문) 대구지방법원 2014.03.28 2013노3296
석유및석유대체연료사업법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (in case of Defendant A, six months of imprisonment, one year of suspended execution, one year of social service, one year of suspended execution, two years of suspended execution, two years of social service and one hundred and sixty hours of social service) of each court below's punishment is unreasonable.

2. Defendant A had the record of fine due to the same crime only once, Defendant B had the record of fine due to the same crime only once, and Defendant B had the record of suspended execution once, and committed the instant crime repeatedly without being aware of the record of fine due to the same crime. Defendant B committed the instant crime continuously at the same place even though it was controlled on April 2013 due to the instant crime, and Defendant B committed the instant crime continuously at the same place until the completion date of the instant crime, and to secure a sound distribution order of petroleum products and prevent harm caused by fake petroleum products in light of the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act.

However, in light of the fact that the Defendants led to the confession of the crime, and the Defendant B did not repeat the crime while engaged in other occupations, and the Defendant A does not repeat the crime, and all other circumstances, including the Defendants’ age, the background and method of the instant crime, the means and method thereof, and the circumstances after the crime, it is not determined that each sentence of the lower court is unreasonable.

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

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