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(영문) 광주지방법원 2014.10.02 2014구합10493
징벌처분취소
Text

The disciplinary action taken by the defendant against the plaintiff on January 29, 2014 shall be revoked.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Basic facts

A. The Plaintiff is a person who was sentenced to three years of imprisonment for special robbery, and the judgment was finalized on May 31, 2013, and is currently being executed in B prisons.

B. On January 28, 2014, the Defendant demanded a disciplinary resolution against the Plaintiff to the disciplinary committee against the Plaintiff, and on January 29, 2014, on the ground that the Plaintiff violated Article 105(1) of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) and Article 214 subparag. 15 and 17 of the Enforcement Rule of the same Act (hereinafter “Enforcement Rule of the Punishment Execution Act”) on the grounds that the Plaintiff committed a violation of the said disciplinary committee’s resolution as follows, the Defendant imposed a disciplinary punishment of nine days upon the Plaintiff pursuant to Article 107 subparag. 6 of the Punishment Execution Act.

(1) On January 17, 2014, the Plaintiff did not comply with the Plaintiff’s recommendation and direction by the head of the confinement management team at around 09:40 on January 17, 2014 (hereinafter “instant disposition”). (1) The Plaintiff did not comply with the Plaintiff’s recommendation and direction by the head of the confinement management team at the confinement management team office office at around 09:40.

(Violation of Article 214 subparag. 17 of the Enforcement Rule of the Punishment Act). (2) At the ward inspection conducted by the police patrol team around 10:15 on January 17, 2014, the Plaintiff discovered the fact that the Plaintiff has, without permission, one hot water bottle cover, three breasts, and one debt.

(Violation of Article 214(15) of the Enforcement Rule of the Punishment Act).

From the date of the completion of the instant disposition, the enforcement of the instant disposition was commenced for 9 days against the Plaintiff, and the enforcement was completed at present.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. The Plaintiff’s assertion of this case is as follows.

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