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(영문) 대구지방법원 상주지원 2018.05.01 2017고단555
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a driver of a C tank lock and D tank lock vehicle.

On January 1, 2013, the Defendant transported “HLBD” products, which are petroleum products to be used as a raw material of fake petroleum products, from G, as a fake petroleum product manufacturing plant, to a fake petroleum product manufacturing plant, and transported “HLBD” petroleum products, which were stored in a storage tank, to a C tank C, the Defendant was loaded on the vehicle at the storage tank, and transported “HLBD” petroleum products, which were stored in the tank C, to a fake petroleum product manufacturing plant at H at the time of Ulsan, from that time until October 12, 2014, as indicated in the attached list of crimes, from that time, the Defendant transported “HBD” as a fake petroleum product manufacturing plant at a total of 213 times in total.

Accordingly, the Defendant transported petroleum products for the purpose of manufacturing and using them as fake petroleum products.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of each protocol concerning the examination of suspect by the police in relation to I, J,K, L, M, N,O, P, Q, R, and G;

1. A copy of any forest known as a result of the quality inspection of petroleum products, and a copy of the verification;

1. Copies of each seizure protocol;

1. Application of Acts and subordinate statutes to each investigation report (No. 7 through 12, 34, 35, 37, 39)

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 of the Act on the Selection of Petroleum and Punishment as well as Article 44 subparagraph 3 of the Act on the Petroleum Substitute Fuel Business and Article 29 (1) 3 (generally, selection of imprisonment with prison labor);

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the crime of this case is not good in light of its background, method of crime, and closing benefits to society.

The period of the defendant's transportation of petroleum products is long, and the transfer thereof is often possible.

The above is an unfavorable circumstance.

However, the fact that the defendant recognizes all crimes and reflects it, and that there is no same kind of power, etc. shall be considered as favorable circumstances.

In addition, the defendant is in a position similar to the defendant in committing the crime.

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