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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The defendant above.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
In the facts charged against the defendant at the trial of the court, the prosecutor applied for amendments to the indictment stating that "the prosecutor sold pseudo petroleum products, and stored two copies of pseudo petroleum products mixed as above for the purpose of selling them" was "the two copies for the purpose of selling pseudo petroleum products", and since this court permitted this, the judgment of the court below was no longer maintained.
3. If so, the part of the judgment of the court below against the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the part of the judgment below against the defendant is reversed, and it is again decided as follows through pleading.
Punishment of the crime
The Defendant opened a pseudo petroleum product retail shop to sell pseudo petroleum products.
From October 20 to October 24, 2012, around 16:00 to October 24, 2012, the Defendant kept two copies of pseudo petroleum products for the purpose of selling pseudo petroleum products by mixing them into one category, which is petrochemicals (17 liter) and one Meelcer (17 liter), which is petroleum products, into one group. If the customer finds, he/she injected them into a customer’s automobile and receives 48,000 won per set.
Summary of Evidence
The gist of the evidence recognized by this court is the same as that stated in the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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;
1. Article 70 of the Criminal Act for the Detention of Labor House Head.