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(영문) 대구지방법원 2013.05.02 2012노3868
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and 120 hours of community service) of the court below is too unreasonable.

2. Although the Defendant reflects the instant crime, the Defendant, despite having been punished once by a fine due to the same kind of crime, manufactured and sold fake petroleum products 127,50 liters from March 2012 to May 29, 2012.

The crime of this case is likely to undermine the purpose of legislation of the Petroleum and Petroleum Substitute Fuel Business Act in order to protect consumers by securing order in the distribution of petroleum products, and protect people's health and the environment from harmful exhaust gases generated from fake petroleum products, etc., which is serious socioeconomic harm

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the method and consequence of the instant crime, and the conditions of sentencing indicated in the records and pleadings, such as the circumstances before and after the instant crime, it is difficult to deem that the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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