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(영문) 대전지방법원 2013.07.24 2013노301
석유및석유대체연료사업법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the case of the facts charged in this case of mistake of facts, Defendant 1: (a) provided pseudo petroleum products manufacturers with the volume of 100,000 liters and 125,000 liters, a petrochemicals; (b) however, the Defendant did not supply Toluenes and mers equivalent to 900,000 liters, such as the facts charged; and (c) in the case of paragraph (1) of the facts charged in this case, the Defendant introduced luene and mers to J who manufactured pseudo petroleum products from February 2010 to February 201, and sold them to J with pseudo petroleum products by receiving pseudo petroleum products from J.

B. In light of the substantial amount of petrochemicals supplied by the Defendant to pseudo petroleum products manufacturers, etc., the punishment (old punishment: imprisonment with prison labor for three years and six months; confiscation) imposed by the lower court is too uneasible and unfair.

2. The prosecutor ex officio conducts a trial for determination of facts charged with regard to Paragraph 3 of the instant facts charged, which led to the trial for the following 3.B.

1) The ancillary facts charged are modified as stated in sub-paragraph (b) and are maintained as the primary facts charged following the facts charged.

1. As stated in paragraph 1 above, an application for changes in indictment was filed, and this Court permitted this and changed the object of the adjudication.

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