logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.08.13 2017노1291
국민기초생활보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal shall be determined to the extent of supplement in case of supplement in the grounds for appeal specified in the statement of reasons for appeal, which are submitted after the lapse of the submission period, on August 3, 2018.

A. In fact, misunderstanding of the legal principles and misunderstanding of the facts, the Defendant was paid benefits under the National Basic Living Security Act by fraud or other improper means because the Defendant did not actually own or permanently use DK5 vehicles (hereinafter “instant vehicle”).

shall not be deemed to exist.

Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment, which affected the conclusion of the judgment.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. In the lower court’s argument of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant also asserted that the lower court did not err by misapprehending the aforementioned facts or by misapprehending the legal doctrine, and the lower court, in its detailed statement, may sufficiently recognize the fact that the Defendant, as stated in the instant facts charged, did not actually own the instant vehicle as indicated in the instant facts charged, or at least ordinarily used it, thereby

In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is justified, and the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. It is favorable for the Defendant to have no record of criminal punishment, and the fact that the Defendant appears to have not good economic conditions, such as supporting two children under poor health conditions, etc.

However, the crime of this case where the defendant illegally received basic living expenses, such as living benefits, was committed and the details, method, period, and illegal receipt of such expenses.

arrow