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(영문) 대구지방법원 2018.07.04 2017구합2594
위치추적기대상자지정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a member of the class of B waves, which is a violence organization (which is a violence organization with the main basis of the Plaintiff’s entertainment workers in the Bupyeong-gu, Incheon, Bupyeong-gu C).

① On August 14, 2013, the Plaintiff was sentenced to imprisonment with prison labor for seven years and three years due to a violation of the Punishment of Violences, etc. Act (homicide of an organization, etc.) at the Seoul High Court (2013No924), and the judgment became final and conclusive. ② On October 27, 2017, the Daegu District Court (2017No2083) sentenced imprisonment with prison labor for eight months due to obstruction of performance of official duties and insult and became final and conclusive.

B. Accordingly, the Plaintiff was admitted to the Daegu Prison on November 16, 2017, via the Ansan Prison, Daejeon Prison, Daegu Prison, and the 1st North Korean Peninsula, etc.

C. Pursuant to Article 104(1) of the Administration and Treatment of Correctional Institution Inmates Act and Articles 194 Subparag. 1 and 199(1) of the Enforcement Rule thereof, the Defendant designated the Plaintiff, who is organized violent prisoners, as the subject of strict management and placed in solitary confinement.

On November 9, 2017, when the Defendant keeps safe guard of the Plaintiff outside of a correctional institution, the Defendant attached an electronic alarm device, which is an electronic device capable of verifying the location or detecting the moving route (hereinafter referred to as “electronic device”) to the Plaintiff, and removed the electronic device if it enters the correctional institution again.

(hereinafter) Defendant’s act of attaching electronic equipment on November 9, 2017 (hereinafter “instant disposition”). 【The ground for recognition】 the fact that there is no dispute, Party A’s evidence Nos. 1, Party B’s statement Nos. 1, 2, and 3, and the purport of the entire pleadings.

2. Determination on this safety defense

A. The Defendant’s instant lawsuit is unlawful for the following reasons.

1. On November 9, 2017, the Defendant attached electronic equipment to the Plaintiff while keeping safe guard of the Plaintiff outside of the correctional institution, but the Plaintiff does not currently wear electronic equipment.

Therefore, the disposition of this case has already become null and void, and there is no legal interest in seeking its revocation.

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