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(영문) 인천지방법원 2014.04.10 2013고단8077

국가유공자등예우및지원에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that a person who received veterans' benefits did not receive compensation by unlawful means, the Defendant received veterans' benefits from August 27, 2011 to February 2013, the Defendant was unjustly paid veterans' benefits in total amount of KRW 19,449,000 from around September 201 to February 2013, by receiving veterans' benefits and having died by his mother and B, who is a beneficiary of veterans' benefits.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of each police interrogation protocol on C or D;

1. Application of each Act or subordinate statute to the details of computation of overpaid payment of veterans' benefits, family relation certificates, and certified copies or abstracts of resident registration cards;

1. Article 85 (1) 1 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, which constitutes a crime, and Article 85 (1) 1 of

1. Although it is not good that the crime of this case is committed on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds), the sentence is determined as ordered by taking into account all the circumstances, including the following: (a) the fact that the defendant led to the confession of the facts of the crime; (b) the fact that the defendant promises to pay veterans' benefits unlawfully received; (c) the fact that the above promise was committed; (d) there was no past record of punishment of the fine or more; and (e) there was no criminal record of the fine or more; (e)