출국명령처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 16, 2017, the Plaintiff, as a foreigner of Chinese nationality, has been staying in Korea with a visa for short-term visits (C-3) from January 16, 2017, and has continued to stay after obtaining permission for changing his/her status of stay as an overseas Korean (F-4) on May 10, 2017.
B. On December 6, 2018, the Plaintiff stolen one bicycle with a market price of at least 1,50,000 won, which was set up on the road by the victim.
“Ackept by larceny” was taken into account as a matter of larceny on December 27, 2018, and there is reason to take into account the circumstances, such as that “Acked fact is recognized, but the case is minor, the first offender, and the agreement is reached.”
(3) On the other hand, the Plaintiff was indicted of suspension of indictment on the ground that “Around March 25, 2019, at least 23:10, the Plaintiff was convicted of the total amount of KRW 2.60,000 at the market price on the face of a deadly weapon and was convicted of the total amount of 60,000 won at the first instance of October 8, 2019, and was sentenced to a conviction of 6 months of imprisonment and 2 years of suspension of execution (No. 2019Guyang Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office). Accordingly, the Plaintiff and the Prosecutor did not appeal against this and the judgment became final and conclusive as is.
In light of the fact that the Plaintiff was indicted as a special larceny and was sentenced to the suspension of the execution of imprisonment with prison labor as seen above and the Defendant committed larceny and special larceny as above, the Defendant also constitutes “a person who is highly likely to engage in conduct detrimental to the public safety, social order and good morals of the Republic of Korea” which is another reason for deportation. However, on February 21, 2020, the Defendant ordered the Plaintiff to depart from the Republic of Korea (hereinafter “instant disposition”) on the ground that the Plaintiff expressed his/her intent to voluntarily depart at his/her own expense.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1-1, Eul evidence 2 to 8, respectively;