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(영문) 서울고등법원 2015.05.29 2014노3219
송유관안전관리법위반등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s defense counsel stated in the statement of grounds for appeal dated November 24, 2014, the mistake of facts and misapprehension of legal principles, and the grounds for appeal on unreasonable sentencing.

On November 24, 2014, Defendant B also withdrawn the assertion of mistake of facts and misapprehension of legal principles on the second trial date, and Defendant B’s defense counsel stated in the statement of grounds of appeal the mistake of facts and the statement of grounds of appeal on November 24, 2014 as the grounds for appeal, but the previous assertion of mistake was withdrawn

Therefore, all of the grounds for appeal by the above Defendants are based on unreasonable sentencing.

The sentence of the court below (the defendant A: 4 years of imprisonment, 1.4 billion won of fine, 2 years of imprisonment and 700 million won of fine) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too uneasible.

2. Determination on the assertion of unfair sentencing by the Defendants and the prosecutor

A. The Defendant A appears to have led to the confession and reflect of each of the crimes in this case in the trial, the Defendant appears to have participated in the crime of larceny in order to recover the money lent by the Defendant, the fact that the Defendant did not directly perform the act of larceny in this case, and that the Defendant did not have any record of criminal punishment for the same kind of crime, etc., shall be considered as favorable to the Defendant.

However, the crime of larceny of petroleum of this case was committed by the Defendant, who has played a systematic role with multiple larcenys of petroleum, such as AP and Q, and generally, by using special skills and tools, in order to steal oil in oil pipelines that cannot be easily stolen, the act of larceny of oil in oil pipelines from the oil pipelines to the aggregate of 100,200 liters (at a market price of 18,036 won) for a period exceeding nine months after installing the oil conditioning facilities in the oil pipelines around the RP stations. The act of larceny of this case was committed in a very limited way, and it was committed in the oil pipelines prescribed in the Oil Pipeline Safety Control Act.

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