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All of the appeals filed by the prosecutor against the Defendants and Defendant A are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that each of the crimes of this case (as against the defendants) is highly harmful to the society and economy, in light of the period of the crime and the scale of the crime, etc., it is extremely poor to commit the crime, and the Defendants previously had the record of criminal punishment for the same kind of crime, etc., the lower court’s sentence against the defendants (as against the defendants A: imprisonment for 8 months, confiscation, Defendant B: imprisonment for 6 months, suspension of execution, 2 years, probation, 1 year, 80 hours, community service order, confiscation) is too unreasonable.
B. Considering the fact that Defendant A recognized each of the crimes of this case and divided his mistake, there is no record of criminal punishment exceeding the fine, the above Defendant is in an economically difficult situation, and is supporting his family, the sentence of the lower court against the above Defendant is too unreasonable.
2. Determination:
A. In addition, there is no record of criminal punishment exceeding the fine for the above defendant against the prosecutor and the defendant A on the assertion of unfair sentencing, and there is no record of criminal punishment against each of the above defendants. The above defendant's each of the crimes of this case is against the wrong defendant, the above defendant supports her husband who is not good in health, and seems to be not good in economic circumstances, and the act of keeping, selling, etc. pseudo petroleum products is not good in light of the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act to protect consumers and protect public health and environment from harmful exhaust gases, etc. generated from pseudo petroleum products by securing the distribution order of petroleum products, and to protect public health and environment from harmful exhaust gases generated from pseudo petroleum products, etc. in light of the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act. The above defendant was punished as a violation of the Petroleum and Petroleum Substitute Fuel Business Act, even around October 2011, and each of the crimes of this case