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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the Plaintiff
Reasons
1. Details of the disposition;
A. The Plaintiff is a Chinese national, and a short-term visit (C-3) sojourn status on March 22, 2012, and was staying while changing the status of stay for visiting employment (H-2) on July 11, 2012.
B. On June 23, 2014, the Plaintiff received a summary order of KRW 500,000 won on the ground that “B jointly with B, and was in about 00:55 on May 22, 2014, the part of the face of the victim was about five times in drinking, and the Plaintiff was in the victim’s face at one time due to head, and about five times in drinking, when considering the victim’s face part was in the victim’s face, the Plaintiff got about 200,000 won in treatment days without treatment days, and was sentenced to a summary order of KRW 50,000 (or KRW 2014,6721), ② on April 9, 2015, on the ground that the victim was in the victim’s face at one time, and the victim’s face was in the victim’s face at one time and about five times in drinking, and the Plaintiff was in the victim’s 500,000 c where the victim was in danger.
‘A suspended sentence of one year and six months for criminal facts was sentenced to a suspended sentence of two years.
(Seoul Southern District Court 2015dan526). (c)
Accordingly, on May 13, 2015, the Defendant issued a departure order against the Plaintiff pursuant to Article 11(1)3 and 4, Article 46(1)3, and Article 68(1)1 of the Immigration Control Act (hereinafter “instant disposition”).
On June 1, 2015, the Plaintiff filed a lawsuit claiming the revocation of the instant disposition by this Court Decision 2015Gudan5489, but the judgment dismissing the Plaintiff’s claim was rendered on September 23, 2015 and became final and conclusive on October 15, 2015.
[Ground of recognition] Facts without dispute, Gap 1, 3, 5, 7, 8, 9, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of the fact that the Plaintiff’s mistake is against the Plaintiff’s assertion and that the basis of living is in Korea, the instant disposition is too harsh and is an abuse of discretion.