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(영문) 서울중앙지방법원 2015.12.10 2015가단6447

손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 16, 2001, the Plaintiff was sentenced to imprisonment with prison labor for four years and protective custody for special robbery, etc. at the Seoul District Court (2001 Gohap728, 2001GaGa62).

Although the plaintiff appealed against this, the appellate court (Seoul High Court 2001No2219, 2001No147) dismissed the appeal. The plaintiff appealed again against this, but the Supreme Court (Seoul High Court 2001No2219, 2001No141) dismissed the appeal on January 22, 2002.

(hereinafter referred to as “pre-trial case”). (b)

The former Social Protection Act (amended by Act No. 7656, Aug. 4, 2005; hereinafter “former Social Protection Act”) was repealed in accordance with the Act repealed by Act No. 7656, Aug. 4, 2005, which was being enforced by the Plaintiff under the said final judgment.

However, pursuant to Article 2 of the Addenda to the repealed Act, the Plaintiff began to be subject to protective custody after the execution of punishment according to the above final judgment was terminated on September 9, 2005. The Plaintiff was released on August 28, 2006 by the Medical Treatment and Custody Deliberation Committee pursuant to Article 2 of the Addenda to the repealed Act and Article 25 (1) of the former Social Protection and Custody Deliberation Committee.

C. On March 9, 2007, the Plaintiff was sentenced to seven years of imprisonment with prison labor as an injury resulting from robbery at the Seoul Central District Court (2007Gohap64).

Although the plaintiff appealed against this, the appellate court (Seoul High Court 2007No692) dismissed the appeal on April 25, 2007, which became final and conclusive on April 27, 2007 due to the waiver of the plaintiff's appeal.

(2) The Medical Treatment and Custody Deliberation Committee rendered a disposition to revoke the Plaintiff’s provisional release on June 18, 2007 pursuant to Article 2 of the Addenda to the repealed Act and Article 30 of the former Social Protection Act, and accordingly, the Plaintiff began to be subject to protective custody on January 17, 2014 after the execution of a sentence under the above final judgment is completed.

The Medical Treatment and Custody Deliberation Committee shall be established on December 22, 2014.