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(영문) 서울행정법원 2015.09.03 2014구합17531
부작위위법및보호감호가출소결정청구
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. On August 16, 2001, the Plaintiff was sentenced to imprisonment with prison labor for four years and protective custody for special robbery, etc. at the Seoul District Court (2001 Gohap728, 2001GaGa62).

Although the plaintiff appealed against this, the appellate court (Seoul High Court 2001No2219, 2001No147) dismissed the appeal.

On January 22, 2002, the Supreme Court dismissed the appeal on January 22, 2002.

(hereinafter referred to as “pre-trial case”). (b)

The former Social Protection Act (amended by Act No. 7656, Aug. 4, 2005; hereinafter “former Social Protection Act”) was repealed by the repealed Act (Act No. 7656, Aug. 4, 2005; hereinafter “former Social Protection Act”).

However, in accordance with Article 2 of the Addenda to the repealed Act, the Plaintiff started to be subject to protective custody after the completion of the sentence according to the above final judgment on September 9, 2005.

After the commencement of protective custody enforcement, the Plaintiff was released from provisional detention on August 28, 2006 pursuant to Article 2 of the Addenda of the repealed Act and Article 25(1) of the former Social Protection Act, and on August 30, 2006.

C. On March 9, 2007, the Plaintiff was sentenced to seven years of imprisonment with prison labor as an injury resulting from robbery at the Seoul Central District Court (2007Gohap64).

Although the plaintiff appealed against this, the appellate court (Seoul High Court 2007No692) dismissed the appeal on April 25, 2007, which became final and conclusive on April 27, 2007 due to the waiver of the plaintiff's appeal.

(hereinafter “Ex Post Facto Action”) The Defendant revoked the Plaintiff’s provisional release on June 18, 2007, based on Article 2 of the Addenda of the repealed Act and Article 30 of the former Social Protection Act.

Accordingly, on January 17, 2014, the Plaintiff began to be subject to protective custody after the execution of sentence according to the above final judgment is completed. D.

On December 22, 2014, the defendant was the plaintiff's previous conviction and delinquency, who is the protective custody.

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