(영문) 대구지방법원 2016.10.28 2016노3093 | 리걸엔진

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(영문) 대구지방법원 2016.10.28 2016노3093

석유및석유대체연료사업법위반

Text

The judgment below

Defendant C, D, E, F, and G shall be reversed.

Defendant

C, D, and E shall be sentenced to one year of imprisonment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the punishments (one year and four months of imprisonment, one year and one year, one year of imprisonment, six months of imprisonment, six months of imprisonment, and four months of imprisonment) that the court below sentenced to the Defendants (Defendant A: one year and four months of imprisonment, two months of imprisonment, and four months of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of unfair sentencing, all of the instant crimes are recognized by the Defendant, and the lower court recognized the fact that the Defendant contributed KRW 10,500,000, which is a part of the criminal proceeds, to the school juristic person.

However, the crime of this case is very serious in light of the fact that it damages the purpose of legislation of the Petroleum and Petroleum Substitute Fuel Business Act in order to protect consumers and protect people's health and the environment from harmful exhaust gases, etc. caused by fake petroleum products by manufacturing and selling fake petroleum.

In particular, even though the Defendant had had a history of punishment for the same kind of crime, the Defendant committed the instant crime again, and had manufactured and sold a total of 1,107,00 liters over 42 times during the two months, and in light of the frequency of the crime, the scale of fake petroleum manufactured and sold, and the profits acquired therefrom, the Defendant’s punishment corresponding to his liability is inevitable.

In addition, there is no particular change in sentencing conditions compared with the original judgment because new sentencing data is not submitted in the trial.

In full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

B. The instant crime of determining unfair sentencing by Defendant C, D, E, F, and G is an act of manufacturing and selling fake petroleum or selling petroleum products necessary for manufacturing fake petroleum.

참조조문

-석유 및 석유대체연료 사업법

유사 판례

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