The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. Each of the crimes of this case in question is deemed difficult to control the entry into and departure from Korea and sojourn of Korean nationals, and the social side effects caused by illegal stay are not easy to commit such crime.

However, all of the crimes of this case are recognized by the defendant, against his mistake, and there is no record of committing a crime in Korea.

The Defendant committed each of the instant crimes, which led to a period of time to reflect on the Defendant’s living under confinement for four months.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., the sentencing of the lower court is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Relevant Articles 137 and 30 of the Criminal Act of the relevant criminal facts; Articles 94 subparagraph 3 and 7-2 of the Immigration Control Act; Articles 30 and 34 (1) of the Criminal Act (the point of application for a visa issuance certificate); Articles 94 subparagraph 3 and 7-2 of the Immigration Control Act; Articles 30 and 34 (1) of the Criminal Act (the point of application for a false visa) concerning the relevant criminal facts; Articles 94 subparagraph 7 and 17 (1) of the Immigration Control Act (the point of stay beyond the period of stay);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;