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(영문) 대구지방법원 2017.08.31 2017고단3758
공정증서원본불실기재등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, although he did not have given birth to C between the defendant Eul and his spouse, was born by D from his biological mother E, and was raising D while having taken care of D, he was guilty of the birth report as if B gave birth.

On December 5, 2012, at around 10:00, the Defendant issued a false birth report and birth certificate to the effect that B gave birth to D at the Defendant’s residence located in Daegu-gu Dong-gu, Daegu-gu, Seoul-gu, the compensation for State bonds held by the Defendant at KRW 257 (Yi Dong-dong), on November 27, 2012, and submitted a false birth certificate to the public official in charge of family relationship register, which is the original copy of the fair deed, and had the public official in charge of family relationship register keep the same around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Each protocol of suspect examination of the police in relation to G, H and E;

1. A certified copy of resident registration, family relation certificate, birth certificate, and seal imprint certificate;

1. Application of Acts and subordinate statutes to report internal death (the investigation of a hospital conducted by a suspected person);

1. Relevant Article 228 of the Criminal Act concerning facts constituting an offense, Article 228 (1) of the Criminal Act (which requires entry of false facts in the original of a fair deed), Articles 229 and 228 (1) of the Criminal Act (which means the exercise of the original of a fair statement) of the Criminal Act, and each choice of 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. The case where: (a) the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution provided for in Article 62(1) of the Criminal Act did not go through a regular adoption procedure; (b) the Defendant couple falsely reported a child born by another person (in light of the previous conviction relationship, it is deemed impossible to adopt the child; and (c) the case cost was paid to the mother in the process; and (d) the illegal adoption form, such as this case, is likely to impede the formation of a sound adoption culture, which is intended to be constituted through the Act on the Place

However, the defendant committed the crime of this case.

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