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(영문) 의정부지방법원 2016.04.20 2015노2824
석유및석유대체연료사업법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable because the sentence imposed by the lower court on the Defendants (a fine of KRW 7 million) is excessively unreasonable.

2. The fact that the Defendants recognized the crime and reflected the fact that the instant petroleum products do not conform to the quality standards, and that the Defendants appears not to have been finally aware of the fact that the instant petroleum products do not meet the quality standards, Defendant B was not sentenced to a suspended sentence, and Defendant C did not have the same criminal record, and that the Defendants were in considerable economic difficult situation is favorable to the Defendants.

However, the crime of this case is not likely to undermine the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act in order to protect consumers and protect people's health and the environment from harmful substances generated by similar petroleum products by securing the distribution order of petroleum products. The fact that the quantity of petroleum products in violation of the quality standards kept by the Defendants is not significant is unfavorable to the Defendants. In full view of these circumstances and the motive, means and result of the crime, the circumstances after the crime committed, the Defendants' age, occupation, sex, environment, etc., as well as all of the sentencing conditions in this case, including the circumstances after the crime was committed, and the scope of the punishment against the Defendants (a fine not exceeding KRW 150,000,000,000), the lower court's punishment is too unreasonable.

3. In conclusion, the Defendants’ appeal is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, which provides that “The former Petroleum and Petroleum Substitute Fuel Business Act” is “The former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 13085, Jan. 28, 2015; hereinafter the same shall apply)”, and Article 20 of the same Act is “the petroleum and petroleum substitute fuel business” as “the former Petroleum and Petroleum Substitute Fuel Business Act”, respectively.

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