The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below interferes with official duties in relation to the acquisition of nationality by preparing a false document of his/her planned kinship through Brazil and acquiring his/her permanent residence. Although the nature of the crime is inferior, the confession of the defendant, materials to deem that he/she committed another crime while residing in Korea is not sufficient, and it seems that he/she committed the crime of this case in a relatively faithful manner, and the crime of this case seems to have been forced to be withdrawn in accordance with the relevant provisions of the Immigration Control Act, etc., and other various sentencing conditions shown in the records and arguments, the sentence of the court below against the defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime (Provided, That Article 30 of the Criminal Act shall be added to the obstruction of the performance of official duties by fraudulent means regarding the application for permission of naturalization) and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crime of obstruction of performance of official duties by fraudulent means related to an application for naturalization);

1. Article 62 (1) of the Criminal Act on the stay of execution (including favorable circumstances examined in the preceding);