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(영문) 광주지방법원 2017.06.21 2016나57150
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 4, 2015, the Plaintiff was admitted to the Incheon Detention Center as a suspect, and was sentenced to two years of imprisonment with prison labor for special intimidation in the Incheon District Court (2015No. 2488). The said judgment became final and conclusive, and was admitted to the Sejong Prison.

B. On May 23, 2015, the Plaintiff, at around 12:40, referred to as the cleaning box at the Incheon detention house, 501 Dong B, stating that the employee at the confinement Dong referred to as the “cleaning place to the employee,” and stated that the employee is not a bad, the employee is not in mind, and the employee is not in mind, and the employee was able to talk with him and avoid disturbance.

C. The prison officer in charge determined that the Plaintiff could commit suicide and self-harm because of the Plaintiff’s acts such as the Plaintiff’s above B’s symptoms seriously uneasible, etc., the prison officer in charge deemed that the Plaintiff used the lock and ropes, and that the reason for its use was extinguished by recovering somewhat in depth stability around 14:30 on the same day.

Since then, the Plaintiff was subject to disciplinary action for 30 days of forfeiture on the ground of violation of Article 107 subparagraph 1 of the Punishment Execution Act and Article 214 subparagraph 12 and 14 of the Enforcement Rule of the same Act.

[Reasons for Recognition] Facts without dispute, entry B in the evidence of Nos. 1 to 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The correctional officer of the Incheon detention center asserted by the Plaintiff did not take the Plaintiff’s hand and sold the Plaintiff’s hand on the ground that the Plaintiff took a bath to his employee, even though the Plaintiff did not take a bath to the employee.

In the process, even though the Plaintiff complained of pain, the Plaintiff left the above line to the right side, which requires three weeks’ medical treatment, and thus, the Defendant is obligated to compensate the Plaintiff for the damages incurred by the Plaintiff’s harsh act by a prison officer of the Incheon Detention House, to which the Defendant belongs.

B. Determination 1-related statutes.

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