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(영문) 대구지방법원 2019.07.18 2019구합141
징벌처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was sentenced to seven years of imprisonment in violation of the Punishment of Violences, etc. Act (homicide of an organization, etc.) at the Incheon District Court and the sentence became final and conclusive on November 14, 2013, and thereafter was transferred to the three North Korean prisons from North Korea, and is currently being admitted until now.

On January 24, 2019, at around 10:20 on January 24, 2019, the Plaintiff and the workers in charge were consulted with the workers in charge in the nine rooms in the middle floor in the 3rd room in the 3rd room in the 3rd room in the 3rd room in Northbukbuk-do, and instructed the workers in charge to be able to be able to be able to do so, but the Plaintiff refused to comply with this.

B. On February 1, 2019, on the ground that the Plaintiff’s following acts constitute a violation of Article 214 subparag. 14 (referring to the act of significantly interfering with the peaceful confinement life of other prisoners by issuing a sunken sound or slicking) and Article 17 (referring to the act of failing to comply with correctional officers’ official instructions or orders without justifiable grounds, such as refusing to enter the designated ward) of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) and the disciplinary committee against the Plaintiff on February 1, 2019 decided 22 days after the same day. The Defendant issued the disciplinary measure against the Plaintiff on February 1, 2019 by the resolution of the disciplinary committee as above (the period shall be included in eight days for the investigation, February 1, 2019 to February 14, 2019).

(hereinafter “instant disposition”). C.

On the other hand, on February 14, 2019, the Plaintiff completed the execution of disciplinary action according to the instant disposition.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The summary of the defense prior to the merits had already been completely executed, and the Plaintiff is subject to aggravated punishment pursuant to Article 109(2)2 of the Punishment Execution Act even if the instant disposition was revoked upon receiving a separate disciplinary measure within six months after the execution of the instant disposition was completed. As such, the Plaintiff is subject to such aggravated punishment.

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