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(영문) 울산지방법원 2015.09.25 2015노616
위험물안전관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (a fine of 1.5 million won) is too unhued and unfair.

2. The crime of this case is a situation unfavorable to the Defendant, in light of the purpose of legislation of the Act on the Safety Control of Dangerous Substances, where the Defendant was prohibited from storing or handling dangerous substances of more than a designated quantity at a place other than a storage place, and the storage or handling of Category 4 Petroleum No. 1 Petroleum No. 8,100 liter, which is a dangerous substance, over 12 times more than a designated quantity, and the quantity of dangerous substances handled for about 11 months during the handling period of dangerous substances is not substantial, and where the crime of this case is committed in light of the nature and result of the crime of this case to prevent dangerous substances from

However, the fact that the defendant confessions and reflects the crime of this case, there is no record of punishment against the above defendant for the same crime, and the defendant seems to have no risk of re-offending by discontinuing C operated due to the economic depression after the crime of this case, and the fact that it is the most favorable to the above defendant, is the fact that the defendant supports the old mother and his family.

In full view of the above favorable circumstances and conditions of sentencing as well as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the commission of the crime, etc., the Defendant’s sentence is too uneasible and unreasonable. Thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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