The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal was kept for the purpose of selling light oil that does not meet the quality standards, as stated in the facts charged.

Nevertheless, the lower court acquitted the Defendant of the facts charged of this case.

2. Determination

A. The summary of the facts charged is a person who operates D gas stations in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

No petroleum refining business operator, etc. shall sell or deliver petroleum products that fail to pass a quality test or store, transport or keep such petroleum products for sale or delivery.

Nevertheless, on September 15, 2014, the Defendant stored approximately 4,400 liters per liter for the purpose of selling them, which failed to meet the quality standards at the above D gas station.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the court below was aware that the evidence submitted by the prosecutor alone was that the defendant stores petroleum products below quality standards for the purpose of sale.

It is difficult to see, and there is no other evidence to acknowledge it.

① Although the Defendant is the representative director of E Co., Ltd. operating a D gas station, the Defendant has actually been operating the gas station F, the husband of the Defendant, and there is no fact that the Defendant was involved in the operation.

② At the above gas station, samples were collected.

G At the time of collecting samples, G was able to collect samples after spreading water at the entrances of the oil tank at the above oil stations.

statement is made.

(3) The defendant has caused a hole in an oil tank to flow into and out of the tank.

The argument is asserted.

4. The petroleum products that meet the quality standards are not discovered in other main fuel or oil tanks of the above gas station, and the petroleum products that meet the quality standards only in the main fuel tank connected to the oil tank and the main fuel connected thereto.