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(영문) 대구지방법원 2014.12.05 2014노1587
석유및석유대체연료사업법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (for defendant A: six months of imprisonment, two years of suspended sentence, two years of suspended sentence, two years of suspended sentence, two years of imprisonment, community service, defendant C: imprisonment, six months of suspended sentence, two years of suspended sentence, and community service) declared by the court below to the defendants is too unfasible and unfair.

2. The Defendants’ crime of violation of the Petroleum and Petroleum Substitute Fuel Business Act committed by the Defendants in violation of the order of petroleum distribution not only causes damage to the employees engaged in the relevant business, but also causes secondary damage, which may cause a wide range of national and social damage, such as environmental pollution, and thus, the quality of the crime seems to be inappropriate. Defendant A has a record of being punished once for the same crime (two million won). Defendant B has a record of being punished twice for the same crime (two times a fine). Defendant C has a record of being punished twice for the same crime. Defendant C has a record of being punished twice for the same crime. Defendant C has a record of being punished once for the same crime (2.5 million won a fine). However, considering the fact that each of the instant crimes was led to the confession and reflection of all of the instant crimes, equity in punishment with the same crime similar to the instant crimes, and all other factors of sentencing, including the period, age, character and nature, etc. of the Defendants’ crimes, and there is no ground for the prosecutor’s assertion that the Defendants’s punishment was inappropriate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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