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(영문) 서울행정법원 2016.08.19 2016구합1295
보호감호에대한잔여형기집행지휘
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 April 18, 2002, the Plaintiff was indicted for violating the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes (each combination), etc., of Gwangju District Court 2001 High Court 461, 2001 High Court 463, 2002 High High Court 202 High Court 201 High Court 201 High Court 201 High Court 2002 High Court 2001 High Court 2001 High Court

The Plaintiff appealed from Gwangju High Court case 2002No197, 2002Nono. 11. However, on June 12, 2002, the lower court sentenced the dismissal of an appeal on June 12, 2002, and again appealed from the Supreme Court Decision 2002Do3314. However, on September 6, 2002, the judgment of the lower court became final and conclusive.

B. The Plaintiff was subject to a protective custody from November 26, 2008, after completing the execution of imprisonment in accordance with the above judgment. Upon receiving a decision of provisional release from the Defendant on April 21, 2014, the Plaintiff was released from the protective custody center on April 28, 2014.

C. On May 2, 2015, the period of probation (from April 28, 2014 to April 27, 2017) to April 17, 2015, the Plaintiff was convicted of one year imprisonment with prison labor for the said court on July 21, 2015, with respect to the criminal facts that habitually stolen another’s property on four occasions during the period of probation (from May 2, 2015 to April 27, 2017).

Accordingly, on August 31, 2015, the Defendant rendered a decision to revoke the discharge of protective custody under Article 30(1)1 of the former Social Protection Act (amended by Act No. 7656, Aug. 4, 2005; hereinafter the same) on the ground that the Plaintiff intentionally committed a crime subject to imprisonment without prison labor or heavier punishment (hereinafter “instant disposition”).

E. Meanwhile, the Plaintiff appealed as the Jeonju District Court 2015No1000 against the judgment on the case of Jeonju District Court 2015 Godan107, but was sentenced to the dismissal of appeal on November 20, 2015, and again appealed as Supreme Court Decision 2015Do18943, but was sentenced to the dismissal of appeal on January 15, 2016.

After that, the Plaintiff terminated the enforcement of the above imprisonment on May 25, 2016, and is under protective custody from May 26, 2016.

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