A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant was Vietnam and was a person who was a citizen of the Republic of Korea on March 2008 after having reported the marriage with the non-party B around March 2004.

On March 2016, the Defendant had had a mind to report the birth of a baby born between the Defendant and Vietnamese-gu (hereinafter referred to as “C”) by means of a child born between the Defendant and the said B.

On May 20, 2016, the Defendant entered “D”, “F”, “B”, “A” in the column of the date and time of birth, and “B” in the column of the preparation date of the child born in the form of the birth report kept therein, and affixed the Defendant’s seal on the name side of the applicant column, and submitted it to the public official in charge where it is impossible to know the fact that the said D is the child of the above B, and thereafter had the said E community self-governing center keep the same in the above family relation register, and thereafter exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on family relation certificates and judgment documents;

1. Relevant Article 228 (1) of the Criminal Act and Articles 229 and 228 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years and not more than six months;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with labor for a period from eight to three years.

A. Class 1 (False Statement in the Original Copy of Notarial Deed) (Determination of Type 1) Crimes of Official Document / [Type 1] No person who is non-business or non-organizational (special person) [the scope of recommendation field and recommendation range] basic area, imprisonment for up to 8 months to 2 years [the general person who is a person in general form].