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(영문) 수원지방법원 2016.10.13 2016고단4640
공정증서원본불실기재등
Text

A defendant shall be punished by imprisonment for six 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

The defendant did not have given birth to B.

Nevertheless, the defendant was unable to open a passbook as a person with bad credit standing, and was willing to report false birth for the purpose of opening a passbook under the above B name.

On June 26, 2015, the Defendant entered the birth report as “B”, “A”, “D 23:19 minutes”, and “Seoul-do E” in the mother’s name, and made a false statement into the mother’s name “A”, “D 23:19 minutes”, and “Seoul-do E” in the place of birth, and had the said public official report false facts to the Defendant as the Defendant’s person and record them in the family relation registration system, thereby having the public official report false facts to the public official, and had the said public official enter false facts in the family relation registration system in the same way as the original authentic document, and thereafter, had the said public official peruse and print out the false information.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Application of Acts and subordinate statutes to family relation certificates, birth certificates, and requests for summary trial;

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

1. The reason for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act is large in that the defendant made false entries and exercised them in the family relation registration system to be strictly managed by falsely reporting the birth of the defendant.

On the other hand, the fact of crime is recognized and wrong.

No history of criminal punishment shall be confirmed.

In addition, salaries, etc.

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