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(영문) 대전고등법원 2014.04.18 2013노567
송유관안전관리법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A (two years of imprisonment) is too unreasonable.

B. The sentencing of Defendant B (three years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. As to the grounds for appeal by Defendant A, there are grounds for sentencing, such as the fact that Defendant A made a judgment on the grounds for appeal of this case against all of the instant crimes, the fact that Defendant A deposited for the recovery of damage in the original instance and deposited for the recovery of damage in the first instance trial, the fact that there is no record of criminal punishment except for the punishment of a single fine, and the gains acquired are not more than the amount of damage.

However, in light of all the circumstances, including the fact that Defendant A arbitrarily installed pipelines on the pipelines managed by the victim dopco along with other accomplices, and that the crime of this case was committed against property of high socioeconomic value, and that the responsibility for the crime is very heavy, and that the degree of participation in the crime of this case is not easy, the sentencing of the court below, within the scope of the sentencing guidelines of the Sentencing Commission, is too unreasonable.

Therefore, Defendant A’s assertion is without merit.

B. As to the grounds for appeal by Defendant B, there is a reason to consider sentencing, such as the fact that Defendant B made a judgment on the grounds for appeal of the instant case by: (a) made a confession of all the instant crimes; (b) made a view at the site; or (c) performed the role of managing containers; and (d) the gains acquired are not larger than the

However, the crime of this case was committed by Defendant B, along with other accomplices, by arbitrarily installing pipelines on the pipelines managed by the victim dopco, and then thefting petroleum in the pipelines over several times, which is a crime of property highly socioeconomic value and has been committed for the same kind of crime.

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