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(영문) 춘천지방법원 2018.08.28 2017구합785
경비처우급강등처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff was sentenced to imprisonment for life for committing murder and the sentence becomes final and conclusive, and currently lives in the original prison (Admittance number B).

On July 6, 2017, the Committee on the Disciplinary Action of the Jeju Correctional Institution determines that the following violations fall under Article 105 of the Administration and Treatment of Correctional Institution Inmates Act and Article 214 subparagraphs 5 and 15 of the Enforcement Rule of the same Act, and Article 215 subparagraphs 2 and 4 of the Enforcement Rule of the same Act, and imposed upon the Plaintiff the disposition “16 days of forfeiture” against the Plaintiff in accordance with Article 228 of the Enforcement Rule of the same Act, and decided to include the ten-day period in the said disciplinary period.

On January 2017, the Plaintiff lent 40 copies of the registration stamps and 20 copies of the general postage stamps to C without permission of the worker.

On February 2, 2017, the Plaintiff notified a police officer of his custody account to C, and C assisted D to deposit KRW 110,000 in the Plaintiff’s above account, and D deposited KRW 110,000 into the Plaintiff’s account through wife E.

On May 2017, the Plaintiff lent to C general postage stamps and registration stamps of a total of KRW 1.80,000,000 over three to four occasions, and the same year.

6.22. C received KRW 500,000 from the above account as the type F.

As a result of the investigation, the Plaintiff received postage stamps with other prisoners without their permission, and notified the other prisoners of his/her deposit account, thereby recognizing the violation of the regulations demanding unfair money and valuables to other prisoners. On July 6, 2017, the Defendant issued a disposition to the Plaintiff on the following grounds: “16 days of penalty (the period of punishment: 16 days from July 6, 2017 to July 11, 2017; the period of imposition shall be included in the period of punishment)” in accordance with Article 229(2) of the Enforcement Rule of the Punishment Act (hereinafter referred to as “instant disposition of forfeiture”).

In accordance with Article 66 (2) of the former Guidelines for Classified Treatment (amended by the Rules of the Ministry of Justice No. 1161, Aug. 17, 2017) following a resolution of the Committee for Classified Treatment on August 10, 2017, the Defendant has the Plaintiff’s level of guard treatment.

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