조직폭력수용자 지정해제 신청에 대한 거부처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 8, 2015, the Plaintiff: (a) was aware of the final and conclusive judgment against the Plaintiff’s criminal judgment; and (b) on July 8, 2015, attached Form 2015.
1. The person who was sentenced to imprisonment with prison labor for a period of four years and a fine of three million won for committing a crime of robbery, injury by robbery, the Punishment of Violences, etc. Act, or gambling, as described in the list;
(2) The Plaintiff appealed to the Seoul High Court (2015No2144) on the ground that the indictment was modified, the said court reversed ex officio the first instance judgment on the grounds that the indictment was modified with the following contents, and rendered a sentence of imprisonment with prison labor for a period of four years and a fine of three million won (hereinafter “the first instance judgment”).
(3) The part of the injury by robbery was changed to “cash 1,50,000 won.” The part of the crime of violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) was changed to “Special Intimidation” and the applicable provisions were changed to “Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, “Article 284 and Article 283(1) of the Criminal Act,” and the Plaintiff appealed to the Supreme Court (2016Do8896) on August 24, 2016, and the judgment of the appellate court became final and conclusive as it is.
B. On May 27, 2016, the Plaintiff was admitted to the Seoul detention center on May 27, 2016, the head of the Seoul detention center was subject to the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Execution Act”).
) Pursuant to Article 104(1), the Plaintiff was designated as an organized violent inmate (hereinafter “instant designated disposition”).
(2) Since then, on November 7, 2016, the Plaintiff was transferred to the Third Prison of North Korea via the Ansan Prison.
C. On July 24, 2017, the Plaintiff’s refusal disposition of this case falls under the Defendant’s designation of organized violence inmates.