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(영문) 대구지방법원 2014.10.17 2014노1104
석유및석유대체연료사업법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won, Defendant D: a fine of two million won; Defendant B; a fine of eight million won; a suspended execution of imprisonment of eight months; a probation of three years; a probation of one year; and a community service of one hundred and twenty hours) are excessively unreasonable.

2. The fact that the Defendants led to the confession of each crime and reflects the mistake, Defendant A did not have any criminal record punished for the same crime, and Defendant D was the primary offender.

However, the crime of this case is not deemed to be unfair because of the following factors: (a) the crime of this case is not likely to repeat the crime, such as undermining the purpose of legislation of the Petroleum and Petroleum Substitute Fuel Business Act, which seeks to secure the proper quality of petroleum products and contribute to the development of the national economy and the improvement of the people’s lives; and (b) Defendant B’s previous convictions punished for the same crime three times (two times a suspended sentence of imprisonment, two times a fine); and (c) the amount and period of sale of pseudo petroleum products sold by the Defendants, the character and conduct of the Defendants, the motive, means and methods of the crime of this case

3. In conclusion, since all of the defendants' appeals are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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