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(영문) 대구지방법원 2018.12.20 2018구합441
행정처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On May 10, 2013, the Plaintiff was sentenced to 13 years of imprisonment with prison labor for murder, etc. by the Incheon District Court, and was transferred to the 1st prison of North Korea on December 26, 2013 while the said judgment became final and conclusive on December 26, 2013.

B. The Plaintiff, while transporting an animal that was transferred to the 1st correctional institution in North Korea, said that “the bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a

C. As a result of the investigation, on January 23, 2018, the Defendant rendered a 30-day disposition against the Plaintiff pursuant to Article 107 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) and Article 228 of the Enforcement Rule of the same Act (including the investigation period of 8 days; hereinafter “instant Disposition 1”) and completed the enforcement on February 13, 2018.

On March 14:30 on March 30, 2018, the Plaintiff had a dispute between B and B during the sports in the first prison playground of the Ganbukbuk-do, one of which was investigated by the Defendant.

E. On April 5, 2018, the Defendant, following the resolution of the Disciplinary Committee, issued a disposition of 15 days (two months delayed) of forfeiture (hereinafter “instant disposition”) pursuant to Article 107 of the Punishment Execution Act and Articles 228 and 114 of the Enforcement Rule of the same Act against the Plaintiff on the ground of “an act interfering with normal confinement life” against the Plaintiff.

F. The statutes related to dispositions Nos. 1 and 2 of this case are as shown in the attached Form.

[Ground of recognition] The fact that there has been no dispute, Eul evidence 1-3, Eul evidence 3 and 5 (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the dispositions Nos. 1 and 2 of this case are legitimate

A. The Plaintiff’s assertion 1 did not receive any notice of suspicion corresponding to the offense of insult under Article 311 of the Criminal Act at the time of undergoing an investigation related to the instant expression, and was not notified of the authority to appoint an attorney.

The Plaintiff is a bitch bitch.

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