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(영문) 의정부지방법원 고양지원 2012.06.08 2011고단1132
석유및석유대체연료사업법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant from April 1, 2010 to the present date is a person who operates a gas station in Goyang-gu, Yangyang-gu.

On October 18, 2010, the Defendant kept approximately 40% of the so-called “pseudo petroleum products” in the oil station around 10:18, 2010, and sold approximately 2,80 liters to many unspecified customers, in the gasoline storage tank of approximately 40,00 liters.

2. Determination

A. As evidence consistent with the facts charged in the instant case, there are doubtful concerns that the Defendant did not sell pseudo petroleum, such as the facts charged in the instant case, in light of the aforementioned evidence, there are “a notice of the results of quality inspection of petroleum products” and “a notice of objection”, “F and G” among the second protocol of the trial, the statement made by H in the third protocol of the trial, the prosecutor’s statement made by H in F, the prosecutor’s protocol, the accusation protocol, and F.

B. (1) However, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true, so long as there is no such evidence, the suspicion of guilt against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(2) According to the following: (a) on August 21, 2001, the statement made by J in the third protocol of the trial; (b) on October 18, 201, the statement made by J in the fifth protocol of the trial; (c) on the investigation report (K telephone statement); details of transaction marks; (d) details of orders; (e) details of sales by time zone; (e) CCTV recycling results, etc., F, a high-sea viewer, visited the Eju station operated by the Defendant, collected 1.5 litres from gasoline from No. 6 liquor around October 18, 201; and (c) around October 13:10, 2010, F, a high-sea viewer, was visited in the Eju station operated by the Defendant and collected 1.5 litres from gasoline as samples.

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