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(영문) 대구고등법원 2017.08.10 2017노187
송유관안전관리법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

In light of the various sentencing conditions in this case, the sentence imposed by the court below (two years of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions of this case, the crime of this case is committed by the Defendant: (a) theft of petroleum of 102,600 square meters in total, including gasoline, which was transported from the oil pipelines near the gas station via a hydrotension strings installed by the Defendant with his accomplice F, etc.; (b) discontinuance of the crime of theft in the oil pipelines buried near the gas station as a safe manager of the gas station; and (c) occurrence of explosion by the oil steam generated in the course of explosion, despite the duty to prevent explosion in advance, resulting in death of the victim F, who was the accomplice at that place; (d) the number of crimes, frequency, and duration, etc. of the crime is very poor; and (e) in particular, the number of stolen petroleum does not exceed 10 million won; and (e) the theft of the oil pipelines is very dangerous; and (e) the Defendant is punished for severe damage to the victim of the oil pipeline during the period of imprisonment with prison labor for at least 100,000 won due to the destruction of soil near the gas market.

On the other hand, the defendant seems to have been aware of and against the crime of this case, and the victim of the crime of occupational injury and death.

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