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(영문) 서울중앙지방법원 2015.06.30 2014나61486
손해배상
Text

1.The judgment of the first instance shall be modified as follows:

The defendant's KRW 15,00,000 and its relation to the plaintiff on August 4, 2009.

Reasons

1. Basic facts

A. On April 17, 2008, the Plaintiff was sentenced to imprisonment with prison labor for 10 years and fines of 15,000,000,000 won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc. on April 17, 2008, and was sentenced to imprisonment with prison labor for 1 year and 6 months as a crime of uttering of the above investigation documents on July 4, 2008.

On February 5, 2009, the Plaintiff was sentenced to dismissal regarding the violation of the Public Official Election Act in Seoul High Court 2008No1143 case, and sentenced to 7 years of imprisonment and 10,000,000 won of fine for the remaining crimes.

The plaintiff was sentenced to Supreme Court Decision 2009Do1446 Decided May 28, 2009.

B. From July 24, 2009 to July 14, 2011, the Plaintiff was confined to Seoul Southern Prison (former title: Young Military Prison) and thereafter was in the process of being confined to the astronomical Prison until then.

C. On July 30, 2009, the Plaintiff visited B in Seoul Southern Prison, and had a total of 150 meetings from July 11, 201, as shown in the attached Table, from that time to July 11, 201.

[Ground of recognition] Facts without dispute, Eul evidence No. 6, Eul evidence No. 7, and the purport of the whole pleadings

2. Determination as to the establishment of liability for damages

A. According to Article 41 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “The Administration and Treatment of Correctional Institution Inmates Act”), prisoners may meet with outside persons, in principle, in a case where: (a) prisoners have an interview with outside persons (Article 1); (b) the head of a correctional institution is likely to destroy evidence of a crime or commit an act contrary to criminal law (Article 2 Subparag. 1); (c) prisoners’ edification or sound rehabilitation into society (Article 2 Subparag. 2); and (d) a correctional officer may have a correctional officer listen to, record, record, record, or video record the contents of meeting of prisoners when it is necessary for prisoners’ edification or sound rehabilitation into society (Article 2 Subparag. 3).

Modern, No. 14-1.

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