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(영문) 대구지방법원 2013.12.06 2013노1707
석유및석유대체연료사업법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of social service) is too unhued and unreasonable;

2. In light of the fact that the defendant was punished by a fine twice for the same crime, as well as the fact that the defendant was punished by a fine on November 10, 2012, he continued to operate his business in the same place until February 21, 2013 even though he had been subject to a double control on November 10, 2012, and the defendant, as the defendant was subject to a single-lane control, caused D to make a false confession to an investigation agency and interfere with the State's proper exercise of penal authority, it is reasonable to impose a strict punishment corresponding thereto. However, it is reasonable for the defendant to not repeat the crime of this case at the latest, but the defendant's detention is deemed to cause excessive difficulty to his family members, and the defendant's age, character and conduct, environment, circumstances of the crime of this case, and circumstances after the crime of this case, etc. are considered to be too unjustifiable and thus, the above assertion by the court below is not justified.

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

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