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(영문) 인천지방법원 2015.03.20 2015노282
석유및석유대체연료사업법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the circumstances and contents of the crime in question, including the fact that the defendant made confession of the crime in this case and made it against all of the crime in this case, the fact that there is no record of criminal punishment for the same crime, etc. However, since the use of fake petroleum as fuel for motor vehicles is serious social harm such as the emission of environmental pollutants, disturbance of distribution order of petroleum products, tax evasion, etc., it is necessary to strictly punish the crime of manufacturing and selling fake petroleum, the fact that the crime is not good in light of the circumstances and contents of the crime, such as the fact that the defendant sold fake petroleum and continuously sold it through an accomplice even after being detained for a separate case, and the crime is committed even after being detained until the crime of perjury was committed, the period and scale of the crime, the fact that there is considerable considerable amount of punishment for the defendant, and other various sentencing conditions in the records and arguments, such as the defendant's age and character, the circumstances before and after

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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