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(영문) 대구지방법원 2015.10.15 2015노26
석유및석유대체연료사업법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the reasons for appeal is that each punishment of the lower court (the fine of KRW 20 million for Defendant A, the fine of KRW 5 million for Defendant B, and the fine of KRW 30 million for Defendant C Co., Ltd.) is too weak and the amount equivalent to the proceeds of the crime is not additionally collected.

2. It is recognized that the Defendants manufactured a large quantity of fake petroleum products for a long time, the use of fake petroleum products adversely affect the safety of vehicle operation and adversely affect the environment by exhaust gas, etc., the profits acquired by the Defendants are not significant due to the instant crime, Defendant A committed the instant crime during the period of suspended execution due to the instant crime, and Defendant B was punished several times in the case of Defendant B.

However, in full view of the following circumstances: (a) the Defendants recognized the facts charged; (b) the Defendants did not supply fake petroleum products to the outside; (c) the profits acquired by the Defendants A and B are not significant; (d) the Defendants did not have the same criminal power; and (e) the Defendants did not have the same criminal power; and (e) other circumstances that form the conditions for sentencing as indicated in the records, including the Defendants A and B’ age, environment, occupation, occupation, family relationship, circumstances leading to the Defendants to commit the instant crime

In addition, since additional collection under Article 48 (2) of the Criminal Act is voluntarily conducted, the issue of whether to collect additional collection equivalent to the value that meets the requirements for such additional collection is entrusted to the court's discretion. In light of the fact that the court below did not show that the measure that did not collect the amount equivalent to the above criminal proceeds corresponds to "when there are grounds to recognize that the amount of punishment is unreasonable." Thus, the prosecutor'

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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