제주특별자치도설치및국제자유도시조성을위한특별법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of one-year imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the court below was made in collusion with the Brazil residing in China to suspect that the defendant was involved in the employment of illegal stay in China repeatedly, and the crime of this case also took place in a way that the defendant bears each role by systematically linking the Chinese residence brocon, the defendant, and the domestic residence brocon. However, the part prosecuted in this case is all the fact that the defendant moves the Chinese name to another region without obtaining permission for the extension of the sojourn area, the defendant took the attitude of recognizing and opposing the defendant's mistake, and the defendant has no history of criminal punishment in Korea, and other circumstances such as the defendant's age, character, environment, motive and circumstance of the crime and circumstances after the crime, etc. are too heavy.
3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered after pleading
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 355 (3) 2 and Article 158 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Amended by Act No. 13426, Jul. 24, 2015); Article 30 of the Criminal Act concerning criminal facts;