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(영문) 수원지방법원 2017.06.27 2016구합67555
정기재심사불허처분취소
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 1, 2011, the Plaintiff was sentenced to nine (9) years of imprisonment for murder, and was selected in the middle vocational training practice course in the second quarter of 2016 at a C prison and received education and training from March 24, 2016. On June 30, 2016, the Plaintiff is a convicted prisoner serving in the C prison from the time he/she completed training to the C prison to be transferred to the C prison.

B. On June 10, 2016, on which the Plaintiff’s vocational training period is underway, the Defendant conducted regular reexamination (when reaching 2/3 of the period of punishment) pursuant to Article 66(1)3 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Enforcement Rule of the Punishment Execution Act”) with respect to the Plaintiff.

C. The Committee for Classification and Treatment of Vocational Training Correctional Institutions (hereinafter “instant Committee”) (hereinafter “instant Committee”) has the Plaintiff’s index score as follows: ① The Plaintiff’s re-examination is likely to re-offending five points (REI-5), ② the correctional treatment results and four (less)); ③ the execution period of punishment two (2/3) correctional records; ④ the correctional results; ④ 2; ⑤ the possibility of problem behavior; 6) one point related to disciplinary measures (no disciplinary punishment); 7 consideration of individual treatment.

A total of 2 points(necessary) were assessed as 19 points, and the above points were assessed as "ordinary", and on the ground that the possibility of improvement is "ordinary", the security treatment rate for the plaintiff was maintained as "general security treatment rate (S3)" as the same as the previous one.

(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, entry of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Committee on this case’s ground surface points for reexamination on the Plaintiff are subject to “the possibility of a problem-based behavior” (hereinafter “instant item”).

In evaluating the points of the Plaintiff’s decoration on December 17, 2014 (Article 220(2)3 of the Enforcement Rule of the Punishment Act).

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