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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 201, the Defendant reported and contacted D with D on the Internet Internet NVber C bulletin board to the effect that D would be “to transmit and want to adopt,” and received F (resident registration number G) from D’s wife at the home of G located in G located in Young-si E and 201 around that time, and changed F’s name into H “H” with the Defendant’s false report of birth as if the Defendant gave birth to H.
On December 1, 2011, the Defendant stated “H”, “H”, “H”, “H 24:40 minutes for birth” in the name column of the child born by using a black pen in the form of birth report kept at the J office located at Yangju-si I, both cities, and, at the time of birth, entered “H”, “H” in the place column for birth, “M, A”, and “A” in the parent column; and signed the same in the form of birth certificate kept at the place; the Defendant stated “H”, “M,” and “N” in the “N” column for the parent column, and submitted it to the public official in charge of the fact that the Defendant gave birth to H in the family relation register; and around that time, the Defendant exercised the aforementioned family relation register by falsely stating that the aforementioned fact was recorded therein.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police report on D, P,O, and Q;
1. Application of Acts and subordinate statutes governing family relations certificates;
1. Relevant legal provisions concerning criminal facts, Article 228(1) of the Criminal Act (which means false entry of the original copy of a process deed), Articles 229 and 228 of the Criminal Act (which means the exercise of the original copy of a process deed entered falsely), and the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;
2. Application of the sentencing criteria;
(a)an offence of false entry in the original instrument of a process;