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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for eight months, and for one year, each of the defendants B.
(b).
Reasons
1. In light of the overall circumstances of this case, the sentence imposed by the court below on the Defendants (one year of imprisonment with prison labor for the Defendants A, confiscation, and one year of imprisonment for the Defendants) is too unreasonable.
2. Determination
A. In light of the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act that intends to protect consumers by securing the distribution order of petroleum products and protect people's health and the environment from harmful exhaust gases generated by pseudo petroleum products, etc., there are unfavorable circumstances such as the crime quality of each of the crimes of this case, but considering the following factors: (a) the defendant's mistake is against himself/herself and does not repeat the crime; (b) the circumstances favorable to him/her; and (c) other factors such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the punishment imposed by the court below is somewhat unreasonable, and the defendant's argument is reasonable.
B. Although there are unfavorable circumstances, such as the fact that the quantity of pseudo petroleum products manufactured and sold by Defendant B reaches a considerable of 464,000 square meters, the Defendant has been punished twice due to a violation of the Petroleum and Petroleum Substitute Fuel Business Act, the fact that the distribution order of petroleum products was secured and thereby protecting consumers and that the crime of each of the crimes of this case is not weak in light of the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act in order to protect public health and the environment from harmful exhaust gases generated from pseudo petroleum products, etc., but the Defendant is committed against his mistake and not repeat the crime. However, there are favorable circumstances, such as the fact that the Defendant’s fault and did not repeat the crime, the fact that the Defendant did not have any record of being sentenced to suspension of qualification or more severe punishment, and that there is no record of being sentenced to suspension