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(영문) 대구지방법원 2013.10.25 2013노1033
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) by the lower court is excessively unreasonable.

2. It is recognized that the defendant did not have the same criminal record, that the defendant was committed with an old age of 70 years and that the defendant led to the crime of this case to maintain his livelihood, and that the defendant led to the confession of the crime and is against the defendant.

However, considering the following circumstances: (a) the Defendant had past conviction six times (one suspended sentence; (b) the Defendant had been sentenced to a fine five times); (c) the amount of fake petroleum products kept in custody by the Defendant for sale is significant; and (d) the Defendant continued to engage in business on November 13, 2012 but has been controlled again on November 22, 2012; (b) the sale of fake petroleum products is detrimental to the distribution order of petroleum products; (c) there is concern about environmental pollution caused by such act; and (d) other circumstances that are conditions for sentencing, such as the motive, means and methods of the instant crime; and (e) the circumstances after the commission of the instant crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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