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(영문) 제주지방법원 2020.06.11 2019노515

국민기초생활보장법위반

Text

The defendant's appeal is dismissed.

Reasons

In light of all the sentencing conditions indicated in the records and arguments of this case including the fact that the Defendant appealed on the ground that the Defendant’s punishment (six months of imprisonment) was too unreasonable, but the amount of basic livelihood security benefits received by the Defendant was considerably large, the period of illegal receipt is very long, and the Defendant did not return the benefits received by the Defendant so far, even if considering the Defendant’s health status, family relationship, economic situation, etc., it is not recognized that the sentence imposed by the lower court on the Defendant for reasons as stated in its reasoning is too unreasonable.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulations on Criminal Procedure, Article 49 of the National Basic Living Security Act (amended by Act No. 16367, Apr. 23, 2019) shall be amended ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure by stating that “Article 49 of the National Basic Living Security Act” shall be “Article 49 of the former National Basic Living Security Act (amended by Act No. 16367, Apr. 23, 201).