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(영문) 서울행정법원 2018.08.22 2017구단81284

출국명령처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 28, 2009, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the United States of America, and was granted a change of sojourn status on two occasions, and was granted on August 2, 2011 as a specific activity (E-7) and thereafter granted a change of sojourn status on one occasion. After obtaining a change of sojourn status on April 15, 2013, the Plaintiff was granted a change of sojourn status on another date on October 16, 2013, and was staying in the Republic of Korea on two occasions after obtaining a change of sojourn status as a foreigner of the nationality of the United States of America. The Plaintiff was granted a change of sojourn status on two occasions as a specific activity (E-2) and was staying in the Republic of Korea until the time of the instant disposition as seen below.

B. Around 03:00 on July 7, 2012, the Plaintiff used assaulting D’s chest and chin with his/her fingers from the upper corner of “C” located in Yongsan-gu Seoul, Yongsan-gu, Seoul at around July 7, 2012. On July 23, 2012, the Plaintiff received a disposition from the Seoul Western District Prosecutors’ Office that was not entitled to prosecution due to the Plaintiff’s expression of intention not to prosecute D in relation to the said assault (No. 2, 24057, Sept. 18, 2013), and on September 18, 2013, the Plaintiff used the part of GD’s assault under the influence of “F” located in Yongsan-gu, Yongsan-gu, Seoul with no particular reason.

On September 26, 2013, the Plaintiff was subject to a disposition by the Seoul Western District Prosecutors' Office to not prosecute G upon its expression of intention not to prosecute G in relation to the above assault.

(3) On April 19, 2014, the Plaintiff suffered injury on April 19, 2014 (No. 35650) from the injury on April 19, 2014, at the end of Yongsan-gu, Yongsan-gu, Seoul and at the end of 03:45, the Plaintiff was sentenced to suspension of indictment on April 19, 2014 (No. 1656 of the year 2014) for both arms and I’s face at the end of Yongsan-gu, Seoul, and thereafter, at the end of that time, the Plaintiff was sentenced to suspension of indictment on April 15, 2014 (No. 1656 of the year 2014). < Amended by Presidential Decree No. 25289, Apr. 4, 2014>