징벌처분무효확인
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 December 12, 2001, the Plaintiff was sentenced to life imprisonment with the Seoul High Court for the crime of continuing life, and was confined in Daegu Prison from March 18, 2002 after the judgment became final and conclusive.
B. Around September 2014, the Ministry of Justice produced a book “the front revised version of a living guide in confinement” and distributed it to a nationwide correctional institution. Around 12:00 on April 30, 2017, the said book was kept in each confinement room of the Daegu prison. Around April 30, 2017, the Plaintiff sent the Plaintiff’s “the front revised version of a living guide in confinement” (hereinafter “the book of this case”) to the Plaintiff’s sales room (hereinafter “the book of this case”) together with other letters (hereinafter “instant violation”). On May 2, 2017, the book of this case was returned from the post office of Daegu to the shortage of charge.
3) On May 2, 2017, the Defendant is subject to the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”).
(C) On May 12, 2017, the Defendant issued a disciplinary measure against the Plaintiff pursuant to Article 107 Subparag. 1 of the Punishment Execution Act and Article 329 of the Criminal Act and Article 215 Subparag. 1 of the Enforcement Rule of the Punishment Execution Act against the Plaintiff on the grounds that the instant violation constitutes larceny (hereinafter “instant disposition”).
(i) Facts that there is no dispute over the grounds for recognition, Gap evidence of subparagraphs 1 through 9, Eul evidence of subparagraphs 1 through 2, and the purport of whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is introduced with a video interview system and smartphone interview application method. The Plaintiff sent the instant book to the Plaintiff, referring to the Plaintiff’s assignment, to allow the Plaintiff to apply for an interview.
The booker of this case was sent to his family.