국민기초생활보장법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence (one million won of a fine) declared by the court below against the defendant is too unhutiled.
2. The judgment of the court below is that the defendant obtained the economic benefits of KRW 1,021,560 due to the crime of this case, and the defendant did not endeavor to recover from damage, such as returning the above money, etc., is disadvantageous to the defendant.
On the other hand, the fact that the defendant is recognized as all of his own crimes and is against the defendant's economic difficulty, and the crime of this case occurred due to the lack of the relevant laws and regulations, and the risk of recidivism seems to be low, and the fact that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.
In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.