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(영문) 수원지방법원 2015.04.02 2014구합57059
강제퇴거처분 등 취소 청구의 소
Text

1. On August 6, 2014, the Defendant’s deportation order and protection order issued against the Plaintiff shall be revoked.

2. This Court.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea with his/her sojourn status on April 13, 2008 (H23) and stayed with his/her sojourn status changed to overseas Koreans (F41) on September 4, 2012, is a shipbuilding of the People's Republic of China's nationality.

B. On November 30, 2012, the Plaintiff was indicted for the following criminal facts by the Suwon District Court Branch 2012 Godan2597 and was sentenced to imprisonment with prison labor for one year and six months and three years of probation from the above court on February 1, 2013.

The Plaintiff appealed against the above judgment (U.S. District Court 2013No853) and the final appeal (Supreme Court 2013Do10728), but all of which were dismissed.

At around 03:25 on November 13, 2012, the Defendant (hereinafter “the Plaintiff of this case”) heard from D’C located in Heungi City B’s drinking house about the victim E (the age of 48) and found the Defendant’s drinking in the table that he performed the drinking, and caused the victim’s injury in the number of days of treatment by destroying the beer’s disease on the Defendant’s canebbbb, knick, knife the part of the victim’s knife with the knife knife knife.

C. On August 6, 2014, the Defendant was above the Plaintiff.

In addition, a deportation order under Article 46(1) of the Immigration Control Act (hereinafter “instant deportation order”) was issued under Article 6(1) of the same Act on the grounds that an act of crime such as the entry in the port falls under Article 11(1)3 and 4 of the Immigration Control Act, and the protection order was issued under Article 63(1) of the same Act (hereinafter “instant protection order”).

(hereinafter referred to as the "disposition of this case" in this case. 【No dispute over the grounds for recognition, Gap evidence Nos. 6, 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the Plaintiff committed an act of inflicting an injury on others while carrying dangerous articles, but such an act is under the influence of alcohol.

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