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(영문) 대구지방법원 2014.09.05 2013노3776
석유및석유대체연료사업법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (a fine of KRW 8 million is imposed on the Defendants, and a fine of KRW 5 million is imposed on the Defendants A) declared by the lower court to the Defendants is too unfasible.

2. Determination: (a) the period of each of the instant crimes is about nine months, the sales amount is relatively large to KRW 200 million; (b) the Defendants’ crime of violating the Petroleum and Petroleum Substitute Fuel Business Act is committed not only undermining the order of petroleum distribution but also undermining the order of petroleum distribution, thereby causing secondary damage to the employees engaged in the relevant business; and (c) it seems that the nature of the crime is poor because it could cause extensive damage to the nation and society, such as environmental pollution; (d) however, the Defendants have led to the confession and reflect of each of the instant crimes; (c) the Defendants have no record of criminal punishment; (d) the Defendants have no record of criminal punishment; (e) the equality of punishment with the same type of crime similar to the instant crime; and (e) the Defendants’ age, character and conduct, circumstances after the instant crime, etc. are considered as being too unfavorable and thus, the Prosecutor’s assertion is without merit

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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