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Reasons
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(영문) 서울행정법원 2020.02.05 2018구단70700
출국명령처분취소
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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 May 12, 2018, the Plaintiff was subject to a disposition of non-prosecution of suspension of indictment on condition of completion of education (hereinafter “disposition of non-prosecution of this case”) from the prosecutor of the Seoul Central District Prosecutors’ Office, on July 16, 2018, on the ground of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., taking photographs of the victim’s chests on several occasions using the victim’s cell phone camera function in the front line of Seoul subway 4, Jun. 15, 2018 while entering the Republic of Korea with tourism and Tong (B-2) sojourn status and staying in the Republic of Korea.

B. On August 10, 2018, the Defendant issued an order for departure (hereinafter “instant disposition”) against the Plaintiff on September 10, 2018, under Articles 11(1)3 and 4, and 68(1) of the former Immigration Control Act (Amended by Act No. 15492, Mar. 20, 2018).

C. On the other hand, on September 18, 2018, the prosecutor of the Seoul Central District Prosecutors' Office re-established the instant non-prosecution disposition as Seoul Central District Prosecutor's punishment No. 79527, Oct. 15, 2018, filed a petition for summary order against the Plaintiff as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kara, etc.). On November 12, 2018, the Plaintiff received a summary order of KRW 3 million from the Seoul Central District Court (No. 2018 High Court Decision 18121).

On November 22, 2018, the Plaintiff filed an application for formal trial against the above summary order. On May 15, 2019, the court of the first instance sentenced the Seoul Central District Court to a fine of KRW 4 million for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Seoul Central District Court Decision 2018 High Court Decision 2642).

The plaintiff appealed against this and appealed. On September 5, 2019, the appellate court reversed the above first instance judgment ex officio and sentenced the plaintiff to a fine of 2 million won (Seoul Central District Court Decision 2019No1634), and the plaintiff again.

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