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(영문) 수원지방법원 2013.03.14 2012노5529 (1)
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Although the court below seems to have sufficiently considered the circumstances favorable to the defendant's mistake in sentencing, in light of the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act in order to ensure stability in petroleum supply and demand and prices and to protect national health and the environment by securing the proper quality of petroleum products and alternative fuel, selling pseudo petroleum products such as the crime of this case need to be punished strictly, the defendant has been punished for the same kind of crime, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, family environment, motive, means, method, and consequence of the crime of this case, and the circumstances before and after the crime, etc., the sentence of the court below (one year of suspended execution and confiscation in April) is appropriate and too unreasonable.

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

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