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The prosecutor's appeal is dismissed.
Reasons
1. Considering the gist of the grounds for appeal (in fact-finding or misapprehension of legal principles), the legislative purpose of Article 29 Subparag. 1 and Article 44 Subparag. 3 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “instant penal provision”), and the purport of amendment, it is reasonable to interpret the foregoing provision as a penal provision punishing not only intentional crime but also the act of manufacturing, importing, storing, transporting, keeping, keeping, or selling fake products without recognizing that it is fake petroleum products due to negligence or negligence. As long as the Defendant, while keeping the vehicle’s valves along with a long-standing mobile-sale vehicle, did not confirm and manage the possibility of mixing petroleum products, so long as other petroleum products, such as light oil, etc., are mixed with about 5% by failing to confirm and manage the possibility of mixing them, the lower court acquitted the Defendant of the facts charged in this case on a different premise, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine on the subjective constituent elements
2. Determination
A. The summary of the facts charged in the instant case is a person who runs a petroleum sales business with the trade name “D” in the Chungcheong Asian-gun C.
No one shall manufacture, import, store, transport, keep in custody, or sell fake petroleum products.
Nevertheless, at around 14:30 on February 16, 2014, the Defendant kept 10-liter of fake petroleum products mixed with approximately 5% of other petroleum products, such as light oil for automobiles, in the tank of the J mobile-sale vehicle.
The Defendant is a person operating L in Ischeon-si, Bunk-si, and petroleum refining business operators, etc. shall not sell or deliver petroleum products or petroleum products that failed to pass the quality standards, or store, transport, or keep them for sale or delivery. However, the Defendant is “water and sed things” per 1 liter quality standard in the above L around April 5, 2013.