The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant continued to stay illegally despite the expiration of the period of stay; (b) the Defendant submitted a false application, etc. and arranged to apply for the permission to change the status of stay or the extension of the period of stay more than 95 times for about one year and 3 months; (c) the Defendant appears to have committed the instant crime; (d) the Defendant appears to have actively cooperated with the investigation into other referrals; and (e) the Defendant is likely to be forced overseas following the completion of the enforcement of the sentence, and the Defendant is highly likely to be forced overseas in accordance with the procedures prescribed in the Immigration Control Act, the lower court’s sentence 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 on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.

[Judgment in its entirety] The summary of the facts constituting an offense and evidence admitted by this court is as follows: (a) the facts constituting an offense and the summary of the evidence are as follows: (b) the first offense “as of February 2017,” multiplied by Japan,” “as of February 2, 2017,” and (c) the “as of December 21, 2017,” “as of January 3, 2018,” respectively, and (d) the third offense and the summary of the evidence as of January 7, 2018, except for the deletion of “from that time to May 30, 2018,” as stated in the corresponding column of the judgment of the court below pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 94 subparag. 17, Article 25 (Unlawful Sojourn) of the Immigration Control Act, Article 94 subparag. 17-2, Article 26 subparag. 2, and Article 26 subparag. 1 of the Immigration Control Act, Article 30 of the Criminal Act (Notice of Application for Permission for Change of Status of Sojourn or Permission for Extension of Period of Stay in Wrongful Means), and Article 30 of the same Act, respectively.