1. The plaintiff's claim is dismissed.

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

Details of the disposition

On June 28, 2013, the Plaintiff was sentenced to imprisonment with prison labor for five years and medical treatment and custody in the Seoul Northern District Court (2013 Gohap91, 2013Ma7) due to indecent act, injury, obstruction of business, etc., and appealed against the above judgment. The Seoul High Court (2013No2292, 2013No65) sentenced the Plaintiff to imprisonment with prison labor for four years and medical treatment and custody on December 13, 2013.

(hereinafter “instant criminal judgment”). On December 19, 2013, the Plaintiff appealed, but on January 9, 2014, the first criminal judgment of this case became final and conclusive upon withdrawal of the final appeal.

The Plaintiff received medical treatment and custody from January 20, 2014 in a medical treatment and custody center in accordance with the instant criminal judgment. On July 21, 2014, the Defendant decided to terminate the medical treatment and custody provisional termination on the ground that “the need to continue the execution of medical treatment and custody in light of the progress of medical treatment” under Article 22 of the former Medical Treatment and Custody Act (amended by Act No. 15160, Dec. 12, 2017; hereinafter “Medical Treatment and Custody Act”) with respect to the Plaintiff. On the same day, the Plaintiff decided to attach an electronic device attachment order on the ground that “the need to verify whether to comply with the requirements” under Article 23(1) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter “Electronic Equipment Attachment Act”).

On the other hand, on August 9, 2016, the Plaintiff was sentenced to four months of imprisonment for indecent act by force (hereinafter “instant second criminal judgment”) at the Sunggu District Court’s Branch Branch Branch (2016 Gohap5, 2016 Ga1) (hereinafter “the instant second criminal judgment”), and the Plaintiff appealed against this, but the Daegu High Court (2016No484) dismissed the Plaintiff’s appeal on January 12, 2017.

Since then, the plaintiff appealed, but the Supreme Court (2017Do1378) dismissed the plaintiff's appeal on March 30, 2017, and the second criminal judgment of this case became final and conclusive.

On April 24, 2017, the Defendant: (a) pursuant to Article 36 Subparag. 1 of the Medical Treatment and Custody Act, on the ground that the Plaintiff committed a crime corresponding to imprisonment without prison labor or heavier punishment for the period of probation after the provisional termination of medical treatment and custody.