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(영문) 대구지방법원 2013.11.14 2013노2139
석유및석유대체연료사업법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Considering the period during which the Defendant sells fake petroleum products, etc., the sentence imposed by the lower court (a fine of four million won) is too uneased and unreasonable.

2. In light of the purport of the Petroleum and Petroleum Substitute Fuel Business Act, which prohibits the manufacture and sale of pseudo petroleum products to protect consumers through the quality control of petroleum products, the crime of this case is inferior, and the Defendant’s sales period of fake petroleum products is not short, etc., which are disadvantageous to the Defendant.

However, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected, the fact that there is no previous conviction other than the fine imposed due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and other circumstances revealed in the records and arguments, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., it is not determined that the sentence imposed by the

The prosecutor's assertion is without merit.

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

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