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(영문) 대구지방법원 2017.10.27 2016노5734
석유및석유대체연료사업법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal did not have manufactured or stored fake petroleum, and even if so, the Defendant stored fake petroleum in the gas station operated by the Defendant.

Even if there was no intention on the defendant's custody of fake oil.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Judgment on the assertion of mistake of facts

A. Comprehensively taking account of the following facts and circumstances acknowledged in accordance with the evidence duly adopted and examined by the lower court and the trial court, the Defendant may sufficiently recognize that he/she stored fake petroleum products mixed with transit oil in a tank and petroleum mobile-sale vehicle (hereinafter “ Home”) on August 7, 2015 and August 13, 2015, and thus, deemed that he/she knew or impliedly knew that the transit oil was mixed with it. Thus, the intent of storage is also recognized.

1) The gas station of this case has one gasoline storage tank, two oil storage tanks, one oil storage tank, one home-ro, and 14 fixed-type liquor.

2) On August 7, 2015, around 14:00, the Korea Petroleum Management Agency’s inspection showed that there was a mixture of 5% light oil in two tanks via diesel, and that there was a mixture of 5% in one of three main households connected to the tank 2, and a mixture of 30% in the remaining two parts, and a mixture of oil was detected in the front shooting room in the Home.

There was no light oil from three main organisms connected to the tank 1 of this Part.

At around 17:00 on the same day, the transit of the main amusement connected to the tank 2.0, and then the samples were collected from three main amusements and the 5% light oil was detected from 3 main amusements.

On August 13, 2015, around 14:30 on August 13, 2015, the Korea Petroleum Institute re-examines the gas station of this case, and 1.

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