1. On May 17, 2018, the Defendant’s disciplinary measure of 31 days of forfeiture against the Plaintiff shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The Plaintiff is sentenced to imprisonment for a period of four years and six months for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the sentence becomes final and conclusive, and is confined to the Gwangju prison.

Order: Decision of 31 days of set aside.

1. Reasons for resolution - Violation of Article 107 subparag. 1 of the Execution of Punishment Act - Quasi-Indecent act by compulsion;

2. The facts alleged and judgment - The other party (B) denies all suspicions, but the other party (B)’s written statements and written statements, the relevant person’s self-written statements and suspect interrogation protocol, the relevant witness’s written statements and written statements, and his/her employee’s work report are acknowledged to have committed indecent acts, such as committing sexual intercourse when the Plaintiff is a prisoner B in the same ward. Thus, the decision is made as ordered by the unanimous opinion of all participating members based on Article 107 subparag. 1 of the Punishment Execution Act, Article 215 subparag. 1 of the Enforcement Rule of the Punishment Act, and Article 109(2)2 of the Punishment Execution Act.

B. On May 17, 2018, the Defendant issued a 31-day disciplinary measure against the Plaintiff on the ground of the violation of Article 107 subparagraph 1 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) (hereinafter “instant disciplinary measure”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on September 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion did not commit an indecent act against B, and there is no ground for the instant disposition.

(b) as shown in the attached Form of the relevant statutes;

C. According to Article 107 Subparag. 1 of the Act on the Execution of Punishment, etc., if a prisoner, who is the head of a correctional institution, commits a violation of the Criminal Act, the Punishment of Violences, etc. Act, and other criminal laws, the relevant warden may impose disciplinary punishment

And in the appeal litigation, the legality of the relevant disposition is considered.