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(영문) 대구지방법원 2014.05.23 2014노781
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below has a favorable condition that the defendant led to the confession and reflect of the crime of this case, the defendant tried to conceal the crime of this case by failing to properly disclose the purchase source of oil used for the crime of this case. However, the crime of this case is affected by the sale of oil, etc. by automobile transit, which could cause damage to the second consumer. The defendant has three years of punishment for the same crime (two times of fine and one time of suspended execution). The defendant was sentenced to imprisonment for the same crime of this case on February 21, 2013. The defendant committed the crime of this case without being informed of the suspended execution period, and the defendant tried to conceal the crime of this case by failing to properly disclose the purchase source of oil used for the crime of this case. The above suspended execution judgment can be rendered where the sentence of this case becomes invalidated, and the court below can be deemed to have sentenced the defendant to imprisonment for one year or more, and the defendant's motive, method and method of the crime of this case, etc.

Therefore, the defendant's assertion is without merit.

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

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