(영문) 대구지방법원 2015.08.27 2015고단3298

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(영문) 대구지방법원 2015.08.27 2015고단3298

석유및석유대체연료사업법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall manufacture, import, store, transport, keep in custody, or sell pseudo petroleum products.

On March 8, 2015, at around 20:19, the Defendant supplied pseudo petroleum products (use, etc.) and petrochemicals (Toluene, etc.) with pseudo petroleum in containers located in Busan City B, and stored them in the container. The Defendant sold part of them to an unspecified number of customers who found the place and stored pseudo petroleum products with 3,602,941 won remaining after selling them in the manner of oiling them to an unspecified number of customers. The Defendant also stored pseudo petroleum products with 3,500 liters in the remaining quantity.

2. From the first patrolman to the above temporary date, the pseudo Petroleum products were stored and sold.

Accordingly, the defendant stored and sold pseudo petroleum products.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Requests for appraisal;

1. Requests for results of test and analysis;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of photographs at the storage site of pseudo petroleum);

1. Article 44 of the relevant Act and Articles 44 subparagraph 3 and 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act concerning criminal facts, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act does not apply to the suspended sentence because the sentencing guidelines are not set (whether to apply the sentencing guidelines). [Pronouncement of sentence] The sentence is determined as ordered by taking full account of the following circumstances: (a) the Defendant, even though he had a history of having been sentenced to a fine of one million won for the same kind of crime in 2007, again committed the instant crime; (b) the quantity of pseudo petroleum products during the period of sale and stored in custody; and (c) the Defendant recognized and reflected the instant crime from the investigative agency; and (d) the motive, background, means and methods of the instant crime; (c) the circumstances before and after the instant crime; and (d) the Defendant’s age, character

참조조문

-형법 제62조 제1항

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