logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.12.26 2014노3598
고압가스안전관리법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that the Defendant manufactured the main body and cover of the container infusing gas from E (hereinafter “the container of this case”), the Defendant was guilty of the facts charged of this case. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence of a fine of five million won imposed by the court below on the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case was requested by the Defendant to manufacture high-pressure gas containers to be used for conducting scientific experiments under the 10 mersa pressure (100bar) from Police Officer E on July 2013 so that it can withstanding up to 40 mersa pressure. The Defendant manufactured high-pressure gas containers equivalent to 350 meters inside and 180 meters in height from “D” in the Defendant’s operation of the Defendant located in Busan Sho-gu, Busan, for the purpose of manufacturing high-pressure gas containers.

B. The lower court found the Defendant guilty of the instant charges on the ground that the Defendant was aware that the instant container was to be used as high-pressure gas container, by comprehensively taking account of the evidence duly examined and adopted by the lower court.

C. However, the above judgment of the court below is hard to accept in light of the following.

The following circumstances that can be recognized by the record, i.e., ① the Defendant has not received a request from E to the court of the trial for manufacturing high-pressure gas containers to be used for conducting scientific experiments under the 10mera pressure (100bar), and the Defendant has not received a request from E to manufacture high-pressure gas containers to be used for scientific experiments up to 40mera pressure. However, the purpose of use is to request the Defendant to manufacture the original type container to inject gas without gathering in detail.

arrow