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(영문) 대전지방법원 2014.01.16 2013노1876
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty of KRW 20,000,00, sentenced by the lower court on the summary of the grounds of appeal, is too unreasonable.

2. We examine the judgment, the fact that the defendant had no record of punishment for the same kind of crime, and the fact that a considerable amount of fine for negligence is deemed to have been paid due to each of the crimes of this case, etc. However, each of the crimes of this case is acknowledged to have been committed after the defendant purchased fake petroleum, and there is a need to strictly punish the defendant when considering the serious social harm, such as the discharge of environmental pollutants, disturbance of order in the distribution of petroleum products, tax evasion, etc. When using fake petroleum, the amount of fake petroleum kept and sold by the defendant is significant, and the amount of fake petroleum kept and sold by the defendant is considerably significant, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, before and after the crime, the sentencing of the court below is too unreasonable

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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