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(영문) 수원지방법원 2018.11.22 2018고단332
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2013, the Defendant: (a) prepared a false report of birth by pretending that he was born between the Defendant and H, which is a father born between the Defendant and the Defendant; (b) submitted the name and influence of the above E-Myeon office to the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the registration of family relations to enter the false fact into the public official in the public official in charge of the public official in charge of the public official in charge; and (c) around that time, stored and operated the information system

As a result, the defendant made a false report of birth to a public official who entered false facts in the public electronic records registration information system for family relations, and exercised it by storing and operating it.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of birth certificate, registration certificate of family relations, and application of the statutes governing decisions confirming the absence of paternity;

1. Relevant legal provisions of the Criminal Act, Article 228(1) (a) of the Criminal Act (a point of false entry, such as electronic records, etc.), Articles 229 and 228(1) (a) of the Criminal Act (a point of events, such as false electronic records, etc.) of the Criminal Act, the selection of punishment for imprisonment;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The number of self-denunciation in the mitigation area (four months to one year) of the types (non-business and non-structured non-business) of the sentencing criteria (person subject to special mitigation) including the application of the sentencing criteria (the scope of recommended punishment) and the forgery, alteration, etc. of official documents, etc.;

2. Determination of sentence: (a) comprehensively taking account of the Defendant’s age, sexual conduct, family relationship, home environment, motive and means of committing the instant crime, and the circumstances after committing the instant crime, the sentencing conditions as indicated in the instant trial process shall be determined as ordered.

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