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(영문) 서울중앙지방법원 2018.11.29 2018노1720
액화석유가스의안전관리및사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one million won in penalty) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant's mistake is recognized, that there is no criminal history against the defendant, and that the defendant was exposed to imported coffee machinery used by another company, and that the defendant made efforts to solve the problem with the knowledge that it is subject to the control of the instant coffee machinery.

However, in light of the risk of liquefied petroleum gas, the safety control and business of liquefied petroleum gas requires a manufacturer or importer of gas appliances to undergo an inspection before he sells or uses the gas appliances. The Defendant imports and sells coffee posters with no accurate knowledge of relevant laws and regulations, and the Defendant is disadvantageous to the Defendant.

In addition, taking into account the following circumstances, such as the Defendant’s age, career, sex, environment, motive and background of a crime, circumstances after a crime, etc., and the fact that there are no new changes in circumstances that make it possible for the lower court to change the sentence in the trial at the same time, the lower court’s punishment is not recognized to have exceeded the reasonable scope of discretion because it is too unlimited to the lower court’s punishment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition by the court below (Article 25 (1) of the Regulation on Criminal Procedure; however, in accordance with Article 25 (1) of the Regulation on Criminal Procedure, "1. C's report on each statement about 1. C" shall be corrected as "1.C's report on each statement about 1.C"; "Article 68 subparagraph 9 and Article 39 (1) of the Safety Control and Business of Liquefied Petroleum Gas Act," and "the choice of fines" as "Article 68 subparagraph 9 and Article 39 (1) of the Safety Control and Business of Liquefied Petroleum Gas Act," respectively.

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