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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal by the defendant is that the defendant was not aware of the fact of the unlawful issuance of the passport and that there was no intention to interfere with the entrance situation of the above foreigners' school, but the court below found the defendant guilty of the illegal part of the charges for the admission of the above foreigners' school through the Aftermala passport, and there was an error of misconception of facts in the facts charged, and it is too unfair that the imprisonment (the suspension of execution of ten months, the two years, the suspension of execution of the two years, the confiscation of the certificate, the confiscation of the passport, and the community service order of 200 hours) is too unreasonable.
The gist of the grounds for appeal by the prosecutor is that the sentence of the court below is too unfasible in light of the seriousness of the crime and the reversal of the defendant's statement.
2. Determination
A. (1) According to the evidence duly examined and adopted by the court below on the defendant's assertion of mistake of facts, the defendant, his husband, and his children were citizens of the Republic of Korea, and their children did not have resided in a foreign country for more than three years, and they did not meet the qualification for admission to a foreigners' school. The defendant, on May 23, 2009, discovered an emigration agent F for the purpose of entering a foreigners' school after completing consultation with F around June 23, 2009, entered into an agency contract between F and F for the affairs related to admission to an international school in the Incheon Songdo of Incheon for the purpose of acquiring foreign nationality, and requested the relevant affairs to be conducted.