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(영문) 서울행정법원 2016.01.22 2015구단58204
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. The plaintiff, as a foreigner of the People's Republic of China (hereinafter "China")'s nationality (hereinafter "China"), entered the Republic of Korea on January 8, 2006 as a sojourn status for visit and employment (F-1) and stayed with the permission of change on September 17, 2007 as a sojourn status for visiting employment (H-2) and left the Republic of Korea on December 25, 2008 prior to the expiration of the sojourn period.

After that, the Plaintiff entered and stayed in the Republic of Korea on March 16, 2009 as the sojourn status of Visited Employment (H-2) and entered the Republic of Korea on March 2012, and again, entered the Republic of Korea on April 16, 2012 as the sojourn status of Visited Employment (H-2) and entered the Republic of Korea on January 8, 2014 as the sojourn status of overseas Koreans (F-4).

B. However, on April 20, 2009, the Plaintiff received a non-prosecution decision that suspended prosecution against the suspected violation of the Punishment of Violences, etc. Act (joint injury) (hereinafter “Joint Injury”) that “the Plaintiff inflicted injury upon the victim for about two weeks in collaboration with B, etc. on March 22, 2009,” and on January 6, 2014, the Defendant received a compliance pledge with the purport that the Plaintiff should faithfully comply with the laws and regulations of the Republic of Korea while informing the Plaintiff of the fact that there was a warning of the above suspected injury if the case is serious in violation of the Acts and subordinate statutes, while informing the Plaintiff of the fact that there was a deportation, etc., if the case is serious in violation of the said Acts and subordinate statutes.

After that, the Plaintiff taken photographs of the body of the victim who could cause sexual humiliation or shame of sense of shame by using a cell phone from the Seoul East Eastern District Court on June 18, 2015 (2014dan3385) around April 2013, the Plaintiff used the cell phone camera function to clean the body of the victim who is female-friendly sexual intercourse with the body of the victim. On February 12:15, 2014, after being notified of the decision by the victim, the Plaintiff used the cell phone to change the victim’s body pictures and five million won.

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