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(영문) 대구지방법원 2014.02.14 2013노3033
석유및석유대체연료사업법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment of Defendant 4 million won (a fine of KRW 4 million) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. It is a favorable sentencing factor that the defendant has no criminal record for the same kind of crime, that the defendant leads to a confession and reflects against the defendant, and that the defendant is willing not to repeat while engaging in another occupation at the present.

B. The Defendant’s past conviction four times, the period of the crime cannot be deemed to be shorter than four months, and the Defendant continues to commit a crime even though it has been controlled three times in total by the completion date of the instant crime, and the fact that the sale of fake petroleum products causes confusion in the distribution order of petroleum products and is highly harmful to society, such as environmental pollution and fear of accidents, is an unfavorable sentencing factor.

C. In light of all the circumstances, such as the motive, means, and method of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too heavy or unreasonable.

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

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