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(영문) 대전지방법원 2017.02.09 2016노3541
석유및석유대체연료사업법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (two years of imprisonment, confiscation) is too unreasonable.

2. The fact that the defendant made a judgment in the first instance and made a confession of all of the crimes of this case and reflects his mistake is favorable to the defendant.

However, as in the instant crime, the act of selling petroleum products by mixing them with light oil and light oil is seriously impairing the credibility of the distribution order of petroleum products. Since there is a serious social and economic harm, such as the mechanical danger caused by fake petroleum products or harmful exhaust gas, etc. serious threat to the safety and health of the people and the environment, a strict punishment against the Defendant is inevitable. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., it is deemed that the sentence of the lower court against the Defendant is too too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is groundless.

3. As such, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 44 subparag. 3 and 29(1)1 of the judgment of the court below among the application of the law of the court below, “Article 44 subparag. 3 and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act” is “Article 44 subparag. 3 and Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act (E) (Article 44 subparag. 3 and Article 29(1)1 of the Criminal Procedure Act, Article 44 subparag. 3 and Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 5 of the Criminal Procedure Act ex officio to sell petroleum products.”

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