2012 Highest 3699, 2013 Highest 551 (Joints), 2509 (Joints) Petroleum and Petroleum Substitutes

Violation of the Fuel Business Act, and Violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc., injured);

Certificates of perjury

A person shall be appointed.

Kim Jong-ju, Choi Jae-man (prosecutions), and non-permissions (prosecutions, public trial)

Attorney Cha Ho-ho

August 14, 2013

A defendant shall be punished by imprisonment for three years.

Facts of crime

[2012 Highest 3699]

No person shall manufacture, import, transport, store, keep, or sell fake petroleum products.

On January 1, 2012, the Defendant made a fake transit with around B, C, D, E, etc. and conspired to sell it, and the Defendant intended to take charge of the Defendant’s role in procuring lue oil and light oil and manufacturing fake transit, D’s role in supplying lue oil and light, such as non-data, and C’s role in supplying lue oil and selling lue oil, and B and E’s role in removing identification agents by refining lue lue oil supplied.

On February 2, 2012, 2012, the Defendant and C ordered Dman to use fake transit oil as a raw material. D purchased 28,00 literum oil from petroleum importers, including U and V, with free material, and transported it to F Energy factories located in Ulsan-gun, Ulsan-gun. B and E used the aforementioned transported oil from F Energy Plant to “one mick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick lick 3 lick lick lick lick 2 lick lick lick lick lick 1.

considerable amount of products was manufactured and sold.

Accordingly, the Defendant manufactured and sold fake petroleum products in collusion with B, C, D, E.

[2013 Highest 551]

The defendant and K, who are the Malloptym spathm violence crime of the Maloptyphal wave, decided to live together with the victim L (the age of 37) who was a ship on one of them with the Maloptyphal wave, but were reversed, which led the victim to assault.

Accordingly, on September 6, 2010: at around 30, K left the room room of the 'M entertainment tavern' located in Busan, Busan, about 30: the knife, which is a deadly weapon (the total size of 30cc in length) and set off the knife on the knife, which is a deadly weapon at which it was in motion, and "I am the knife, I am the knife, I am the knife, and I am the knife, I am the knife, and I am the knife of the knife while I am while I am the knife while I am while I am the knife, I am the knife of the victim.

Defendant and K continued to carry a deadly weapon, etc. in collusion with the victim by making it possible for the victim to take the telegraph of the victim by drinking and spawn, and by gathering several favorable spawn from the victim.

In addition, there was a variety of diversified accounts that require treatment between about six weeks for female victims.

【2013 Highest 2509】

On March 22, 2013, the Defendant appeared at the Ulsan District Court located in Ulsan-gu to take an oath as a witness of the foregoing case of violating the Petroleum and Petroleum Substitute Fuel Business Act with regard to Ulsan-gu's 2012 Highest 3720 decided on March 22, 2013, the Defendant testified to the witness that he would be free from the identification by putting the F Energy, etc. to the witness, and that he would be free from the law, and that he would be free from the law, and that the witness "I testified to the witness," and "I would like to be "I would like to have the witness," and "I would like to the witness's testimony from the attorney to the date "I would like to be "I would like to be able to defend the witness at that time," and "I would like to make the witness's testimony from the witness's first inquiry to the date "I would like to make the witness's first inquiry," and "I would like to make the witness's testimony to the witness."

However, in fact, after removing the identity of the Defendant, the Defendant made a false statement as above in order to protect theO even though the Defendant was not B or N, and the Defendant made a false statement in order to protect theO.

Accordingly, the defendant, as a witness who has taken an oath under the law, conducted a false sworn act against his memory and perjury.

Summary of Evidence

[2012 Highest 3699]

1. Defendant's legal statement;

1. A copy of each police interrogation protocol regarding D;

1. Each prosecutor's statement concerning P and B;

1. Each police statement of Q Q, P, and R, or a copy thereof;

1. Copies of the replies made to the Yong-Nam Headquarters of the Institute;

1. A copy of the investigation report (No. 21 No. 11);

[2013 Highest 551]

1. Legal statement of the witness L;

1. The statement in part of each police statement about S and T;

1. Investigation report (the confirmation of the victim's upper part, the suspect's upper part, and the confirmation and investigation of the suspect's upper part, etc.);

1. Medical records and medical certificates (No. 34 No. 134);

1. Medical certificate and medical record book (No. 9 No. 9 of evidence);

[1] The above witness's statement at the 14th trial date, although he did not inflict any injury on the defendant, the defendant reversed his previous statement and made a statement as stated in the above facts of crime. The motive of these statements is that if the above witness did not make a true statement, the witness must attend and testify as a witness in a relationship with the above witness. Since the above witness reversed his previous statement and then the witness testified that the person in a relationship with the above witness with the above witness who has witness who has witness partially observed the above crime, he is credibility in his subsequent statement. The contents of each police's statement on W (Ga name) submitted by the defense counsel as impeachment evidence are different from the above court's testimony. However, according to the witness's statement at the 14th trial date, it is difficult to view that the above witness was credibility or credibility of the above witness's statement at the time of his impeachment, as well as the above witness's witness's defense, K, and S. at the time of his impeachment.

In light of the above witness’s legal statement, the above witness’s statement that two persons, immediately after the crime of this case, escaped from the room, which is the place of the crime, and that the defendant stated that he was treated at the hospital immediately after the crime of this case and that he did so in favor of the hospital, can be found guilty of the above crime.

【2013 Highest 2509】

1. Defendant's legal statement;

1. Copies of each protocol of examination of witness;

1. Copy of the prosecutor's statement concerning B;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 44 subparag. 3 and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act (a point of manufacture and sale of fake petroleum products), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Articles 257(1), 30 (a), and 152(1) (a) of the Criminal Act; 1. Selection of punishment

In the case of violation of the Petroleum and Petroleum Substitute Fuel Business Act, the choice of each imprisonment for perjury

1. Mitigation of confession;

Article 153 (Offense of Perjury)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for both punishment

Even if the Defendant was not engaged in the business of manufacturing and selling fake petroleum products, it was actually in charge of the main part of the Defendant’s implementation, and the Defendant did not have the same efficacy as genuine transit, and should consider the circumstances that the Defendant’s act of manufacturing and selling fake petroleum products would pose a considerable threat to the safety of an unspecified number of people and the performance, etc. of the driving vehicle that is believed and consumed in real transit. Furthermore, the victim of the Defendant’s act of carrying and injuring a deadly weapon by the Defendant is a organized violence that is not the general public, Y, the victim is not a member of the organization, but the victim is not punished, but the result is excessive, and the damage was not completely recovered, and the Defendant is not a majority of the criminal records of the same kind. In full view of these circumstances and the adverse effects of the crime on criminal justice, it is reasonable to sentence the Defendant to the same extent as the order.

Judges Lee Dong-sung