The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (two years of imprisonment) is too unreasonable.

2. The lower court applied Article 93-3 subparag. 1 and Article 94 subparag. 2 of the current Immigration Control Act to the Defendant’s failure to perform an entry inspection and failure to hold a passport and visa among the facts charged.

Articles 93-3 subparag. 1 and 94 subparag. 2 of the current Immigration Control Act were amended and enforced on January 7, 2014. According to the amendment, the statutory penalty for non-performance of entry inspection changed from “a imprisonment with or without prison labor for not more than five years or a fine not exceeding 30 million won” to “a imprisonment with or without prison labor for not more than five years or a fine not exceeding 30 million won” to “a fine not exceeding 30 million won” and the statutory penalty for non-bearing of a passport, a visa, or a fine not exceeding 20 million won was changed to “a imprisonment with or without prison labor for not more than three years or a fine not exceeding 20 million won” to “a fine not exceeding three

Therefore, Article 93-3 Subparag. 1 of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014) and Article 94 Subparag. 2 of the Immigration Control Act (amended by Act No. 11224, Jan. 26, 2012) were amended as of January 26, 201, but the statutory penalty is the same. However, the lower court did not apply the Act prior to the above amendment but applied the Act after the amendment.

In this respect, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

It shall be quoted in accordance with Article 369 of the Criminal Procedure Act.