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(영문) 서울중앙지방법원 2018.09.11 2017나76328

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On February 29, 2001, the Plaintiff was sentenced to seven years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Special Rape) in the Daegu District Court’s Support on February 29, 2001, and seven years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, and was in the enforcement of protective custody

B. On April 21, 2014, the Medical Treatment and Custody Deliberation Committee (hereinafter “The Medical Treatment and Custody Deliberation Committee”) found that “the Plaintiff is likely to recommit a sexual assault crime as a sexually transmitted patient.” Thus, based on Article 25(1) of the former Social Protection Act (repealed by Act No. 7656, Aug. 4, 2005), released the Plaintiff as of June 26, 2014; ② ordering the Plaintiff to treat sexual impulse drugs for three years from April 28, 2014 pursuant to Article 25(1) of the Act on Pharmacologic Treatment and Custody of Sexual Offenders (hereinafter “Pharmacologic Treatment and Custody Act”); and ② the above part was imposed upon the Plaintiff (hereinafter “instant provisional release”).

However, on April 21, 2014, the Medical Treatment and Custody Deliberation Committee did not serve a written decision on the Plaintiff when it imposed the instant order for pharmacologic treatment.

(However, the Defendant served a written decision on June 25, 2014 on the disposition of imposing the instant pharmacologic order on the Plaintiff after filing a lawsuit to revoke the disposition of imposing the pharmacologic order (Seoul Administrative Court 2014Guhap11045).

Upon the execution of the disposition of imposing the instant order for pharmacologic treatment, the Plaintiff was administered with 3.75mm announced at the relevant hospital on May 12, 2014; on June 9, 2014; on July 7, 2014; on August 4, 2014; on September 2, 2014; on October 1, 2014; on October 29, 2014, the Plaintiff was administered with luxine 3.75m announced at the relevant hospital; on November 26, 2014; on December 26, 2014; on January 23, 2015; on January 13, 2015; on March 13, 2015; and on March 13, 2015, the Plaintiff was administered with luxine 3.75m g.

On June 18, 2014, the Plaintiff filed an administrative suit against the Medical Treatment and Custody Deliberation Committee (Seoul Administrative Court 2014Guhap11045) seeking the revocation of the instant provisional discharge disposition and the instant disposition of the instant pharmacologic order.

The above court shall make April 2015.