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(영문) 광주지방법원 2017.09.07 2017노50

국민기초생활보장법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two years of probation, and observation of protection) is too unhued and unreasonable.

2. The fact that the defendant unfairly received approximately KRW 74.7 million for a considerable period of time is disadvantageous to the defendant, or that the defendant seems to have supported five children in a difficult economic situation, the fact that the defendant is currently supporting the child suffering from urology and the child suffering from urology, and that there is a significant method of illegal supply and demand.

In light of the following facts: (a) the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and various other factors of sentencing as indicated in the instant records and arguments, such as the fact that it is not visible; (b) the Defendant’s punishment of a fine of KRW 500,00 as a type of a crime by around 2008 was imposed; and (c) the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, etc.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.