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Defendant
All appeals filed by E and prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant E’s punishment (two years and six months of imprisonment) is too unreasonable.
B. According to the Defendants A, B, C, and D’s role, the process of participation, and some of the above Defendants’ investigation agencies’ statements, etc., Defendant A, B, and D’s participation in the instant crime in collusion with Defendant E, knowing that the aforementioned Defendants were to manufacture, transport, and sell fake petroleum products mixed with the transit and identification from the beginning. In particular, the lower court found Defendant B, D, and acquitted Defendant B and D of the entire fact without separately examining whether they became aware of the fact of the manufacture and sale of fake petroleum in the middle of the commission of the crime, while it found Defendant A and C guilty of a part of the confession. The lower court erred by misapprehending the legal principles.
2) The lower court’s sentence (Defendant A, C, and E) against Defendant A, C, and E (Defendant A’s imprisonment for six months, two years of suspended execution, confiscation, community service, 80 hours, six months of suspended execution, two years of suspended execution, two years of social service, 80 hours of imprisonment for Defendant C, and two years and six months of imprisonment for Defendant E) is unreasonable.
2. In addition to the facts stated in the reasoning of the lower court’s judgment as to the prosecutor’s assertion of mistake, the evidence submitted by the prosecutor alone does not appear to prove that Defendant A and C knew of the manufacture and sale of fake petroleum products during the instant Do, and there is no circumstance to support that Defendant A reported or known such fact to Defendant D during the instant Do. Defendant B and D were from the beginning until the instant crime was completed, Defendant A and Defendant C were removed from transit and identification before June 9, 2016, and Defendant C were to manufacture, transport, and sell fake petroleum products in collusion with Defendant E with the knowledge that they were to manufacture, transport, and sell them.