logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.07.18 2018노895
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

The costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged against the defendant, by misunderstanding the facts and affecting the conclusion of the judgment, even though the defendant was guilty in the process of changing the oil strings when oil oil and light oil was oil paid at the first trial date of the trial of the court below (the defendant revoked the misapprehension of the legal principle on the first trial date of the court below).

B. Sentencing (Punishment of the lower court: fine of KRW 10,000,000)

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court.

As to this, the lower court, based on the evidence stated in its reasoning, had a principal intention in mixing the case with the case of the Defendant and the same.

In view of the facts charged of this case, the charges of this case were convicted.

In full view of the evidence duly admitted and examined by the court below, the above determination by the court below is just and acceptable, and there is no error of law by mistake as alleged by the defendant.

Defendant

The argument is without merit.

B. As to the unfair argument of sentencing, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

In full view of the fact that the Defendant had the same record twice and that the Defendant continued to deny the instant crime, the lower court’s punishment cannot be deemed unfair by excessively unreasonable considering the following factors: (a) the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence; and (b) the circumstances after the commission of the crime.

Unlike the fact that the sentencing conditions have been changed in the court;

There are no circumstances to see.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the defendant's appeal is dismissed in accordance with Article 191 (1) and Article 190 of the Criminal Procedure Act.

arrow