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(영문) 서울북부지방법원 2018.02.07 2017가단13455
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On September 4, 2015, the Plaintiff was sentenced to imprisonment with prison labor for 8 months in Seoul Southern District Court 2015Kadan1863 Property Damage, etc., and was detained in court, and was detained in Seoul Southern District Court on the same day.

On November 25, 2015, the Plaintiff was transferred to the Ansan Prison on May 4, 2016, and completed the term of imprisonment on May 4, 2016. However, the custody in the workhouse was executed on a separate fine, and was released on May 7, 2016.

The Plaintiff’s medical history was registered as a disabled person on June 5, 2013 with his/her mental retardation Grade 3 and spine body. The Plaintiff’s medical history was hospitalized due to spine chrons, urines, and studs, etc. from January 9, 2015 to February 5, 2015, which was eight months before the statutory detention.

In the confinement facility, the Plaintiff was detained in the general ward (B) at the time when he/she was transferred to the Ansan prison as described in the above paragraph (a). On December 24, 2015, the Plaintiff met with the director of the medical department of the Ansan prison on December 29, 2015, and transferred to the general ward (C) on December 29, 2015. On January 28, 2016, the Plaintiff moved to D after the final judgment of dismissal of appeal on January 28, 2016, and moved to D after the final judgment of dismissal of appeal became final and conclusive, and moved to D’s dwelling, such as a ward due to disciplinary action and injury, and moved to several wards, such as a ward.

On September 4, 2015, when the Plaintiff’s health condition confirmed at the time of the admission to the confinement facility was admitted to the Seoul Southern Detention Center, the employee of the detention center confirmed the Plaintiff’s mental disorder, such as mental disorder Grade III (mental fission), and spine disability, and received the welfare card for the disabled from the Plaintiff.

The above relevant documents were sent together with the surveillance of the Ansan prison.

【In the absence of dispute over the grounds for recognition, Gap's evidence 1, 2, 3, 6 evidence, Eul's evidence 1 to 6, the plaintiff's assertion as to the purport of the whole pleadings, and the plaintiff's assertion as to this issue shall be confined in the exclusive correctional institution or separate ward for the disabled prisoner, but the Ansan prison suffered health aggravation and mental suffering by accepting the plaintiff in the general ward.

Therefore, the defendant shall pay consolation money to the plaintiff 50 million won and he shall do so.

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