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(영문) 대전고등법원 2018.03.29 2017누14036

출국명령처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if all the evidence submitted in the court of first instance and the court of first instance are examined, the fact-finding and the judgment of the court of

Therefore, the court's explanation on this case is consistent with the reasoning of the judgment of the first instance, except where the decision of the first instance is used as the following paragraph (2). Thus, the court's explanation on this case is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The following shall be added to the column 3, paragraph 10, in the part 3, as amended:

Article 46(1)13 of the Immigration Control Act provides that “A person who has been sentenced to imprisonment without prison labor or heavier punishment and is released after having been sentenced to imprisonment without prison labor or heavier punishment.” As such, “a person who has been released after having been sentenced to imprisonment without prison labor or heavier punishment” refers to a person who has been released after having been sentenced to a sentence of imprisonment with prison labor or heavier punishment or who has been detained during the investigation or trial at least during the period of a suspended sentence of imprisonment with prison labor or imprisonment without prison labor and has been released after having been sentenced to a suspended sentence of imprisonment with prison labor or imprisonment without prison labor. However, the Plaintiff is deemed to have committed the instant disposition on the ground that the Plaintiff’s spouse falls under Article 46(1)13 of the Immigration Control Act on the ground that the disposition of this case was unlawful since the Plaintiff was sentenced to a suspended sentence of imprisonment with prison labor or imprisonment without prison labor.”

3. The judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.