조직폭력수용자 지정해제 신청에 대한 거부처분 취소
1. Revocation of the first instance judgment.
2. The Defendant, on July 24, 2017, was an organized victim against the Plaintiff.
1. Details of the disposition;
A. On July 8, 2015, the Plaintiff was sentenced to imprisonment with prison labor for 4 years and a fine of 3 million won on the ground that he/she committed robbery, injury by robbery, violation of the Punishment of Violences, etc. Act (Intimidation of collective weapons, etc.), and gambling, etc. at the Suwon District Court’s House as stated in attached Table 1 “criminal facts”
(U) The Plaintiff appealed on the ground of mistake of facts and unreasonable sentencing. On May 27, 2016, the Seoul High Court reversed the first instance judgment ex officio on the ground that the indictment was changed to the following contents: (a) the remaining criminal facts, etc. were maintained and sentenced to imprisonment for a period of four years and a fine of three million won for the Plaintiff.
(Seoul High Court Decision 2015No2144). The Plaintiff appealed against this and appealed, but the Supreme Court dismissed the appeal on August 24, 2016 (Supreme Court Decision 2016Do8896). The said appellate judgment became final and conclusive as it is.
Article 283(1) of the Punishment of Violences, etc. Act (collective intimidation) is amended to “Special Intimidation” from “Violation of the Punishment of Violence, etc. Act (collective Intimidation)” to “Special Intimidation,” Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act is amended to “Articles 284 and 283(1) of the Criminal Act.”
B. On May 27, 2016, the Plaintiff’s release on bail was revoked along with the above appellate judgment and was admitted to the Seoul detention center. The head of the Seoul detention center designated the Plaintiff as an organized violent inmate pursuant to Article 104(1) of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”).
(hereinafter referred to as “instant designated disposition”). (c)
After being transferred to the third prison of North Korea on November 7, 2016, the Plaintiff, via the Ansan Prison, was admitted to the North Korean Prison, and around July 2017, the Plaintiff did not constitute an object of designation as an organized violent inmate.