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(영문) 전주지방법원 2020.06.17 2020고합71
송유관안전관리법위반
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

No person shall acquire, transfer, transport, or store oil which has been stolen from oil pipelines, or mediate such act with the knowledge that such oil is stolen.

Nevertheless, around 19:00 to 21:00 on July 16, 2019, the Defendant transported petroleum from oil pipelines by driving the 3,000 wing 3 freight 12,00 liters, which the Defendant was aware of the fact that the petroleum of approximately 3,00 litress of the Defendant’s elementary, secondary and secondary vessels B was stolen from the oil pipelines at the request of the said B, even though he was aware that the said petroleum was stolen from the oil pipelines, the Defendant was transported from oil pipelines by driving the wing 3 freight 12,00 litress of the oil in the oil pipelines over four times in total, as shown in the list of crimes in the attached Form from around August 6, 2019.

The validity of a detention warrant is the same as the facts of the crime stated in the detention warrant and the social facts that form the basis of such facts are the same facts. In determining the identity of such basic facts, in mind the functions of identity of such facts, the defendant's act and the social facts should be based, and the normative elements should also be taken into account.

(See Supreme Court Decision 98Do1438 delivered on May 14, 199). According to the records, the criminal facts of the detention warrant of this case against the defendant are "abrupt act" and the criminal facts of the indictment of this case are "transport" and there may be questions as to whether the basic facts between the two are identical, and whether the detention warrant affects the validity of the detention warrant. However, the former summary is that the defendant conspired with B (this Court Decision 2019Do1244 delivered on May 14, 199) as co-offenders, and the oil pipeline theft by driving it on a sealed and loaded basis, and the latter summary is as stated in B, etc.

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