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(영문) 광주고등법원 (전주) 2021.02.17 2020노170
송유관안전관리법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

misunderstanding the substance of the grounds for appeal and misapprehension of the legal doctrine, the lower court recognized that the Defendant was the oil that was stolen from the oil pipelines.

On the ground that it is difficult to conclude it, the lower court acquitted the Defendant of violating the Oil Pipeline Safety Control Act.

However, according to the evidence submitted by the prosecutor, it can be sufficiently recognized that the defendant recognized that the oil of this case was stolen from oil pipelines at the time of the acquisition of the oil of this case.

Therefore, the court below erred by misapprehending the facts and legal principles.

The punishment sentenced by the court below (10 months of imprisonment, 2 years of suspended execution, and 240 hours of community service order) is too uneasy and unfair.

On July 16, 2019, the summary of this part of the facts charged is as follows: (a) the Defendant: (b) even though he was aware that petroleum stolen from the oil pipelines managed by the Oil Pipeline Corporation to the victim corporation by using Doing facilities was stolen by the said I; (c) transferred petroleum to the Defendant’s oil tank with approximately 3,000-4,00 litres, which had been loaded on three cargo units; and (d) was supplied to the Defendant with C oil stations located in Kim Jong-si B in the previous Kim Jong-si; and (e) received the price of five million won from that time to September 16, 2019; and (e) purchased the oil pipeline through the said H or J, through which the victim received the price of the oil pipeline from the victim to the above 1,500,000,000 won and the market price of the oil pipeline, and (e) purchased them from the victim’s oil pipeline via the said Doing facilities.

Accordingly, the Defendant knowingly acquired oil which was stolen from oil pipelines.

The lower court’s determination is based on the evidence duly admitted and investigated.

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