The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and three months.

but for three years from the date this judgment becomes final.

Summary of Grounds for Appeal

The punishment of the court below (one year and three months of imprisonment) is too unreasonable.

Judgment

The theft of oil from oil pipelines may lead to explosion or fire of oil pipelines, and environmental pollution may occur if oil leaks are leaked due to damage to oil pipelines. The crime of this case is that the defendant transported approximately 12,000 liters of petroleum that was stolen from oil pipelines over four occasions, and the crime of this case is not easy.

The defendant has been punished by imprisonment with prison labor or by suspended execution due to a larceny crime and robbery crime in the past.

These circumstances are disadvantageous to the defendant.

On the other hand, the court below acknowledged the crime of this case in the appellate trial, the defendant's profits received from the crime of this case from the main offender B, the defendant deposited 15 million won amount corresponding to the stolen petroleum value transported by the defendant for the victim AH in the trial, and the petroleum of this case transported by the defendant did not have committed the crime of this case in the situation where it is clearly known that the above facts were stolen from the oil pipelines of this case, and it cannot be deemed that the defendant committed the crime of this case. In conclusion, the degree of participation in the crime of this case is weak. After all, the defendant's own suspension of transporting stolen petroleum, and the defendant's son's home was detained and sentenced to a punishment on the same day as this case, and it seems necessary to look at the defendant's home.

In addition, considering the age, character and conduct, intelligence and environment of the defendant, motive, means and result of the crime, and the circumstances after the crime, the sentence that the court below sentenced against the defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing.