형의집행및수용자의처우에관한법률위반
Defendants shall be punished by imprisonment for four months.
However, from the day this judgment became final and conclusive, the Defendants are above one year each.
Punishment of the crime
On June 2017, in collusion, the Defendants brought tobacco 2 A into correctional institutions two times in total in a manner that Defendant B, who visited the public service center of the first floor of the Incheon detention center, which was located in the Nam-gu Incheon, Nam-gu, Incheon, Incheon, where the employees were the visitors of the above Incheon detention center, was a person who was the visitors of the above Incheon detention center, left in the public service center of the first floor of the Incheon detention center, by selling tobacco to Defendant A through the second floor D window of the above Incheon detention center.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to E, F, and G;
1. Each statement of H and I;
1. Application of Acts and subordinate statutes to a working report, each investigation report (No. 11 to 13 on the evidence list);
1. Article 132 (1) 1 of the Administration and Treatment of Correctional Institution Inmates Act and Article 30 of the Criminal Act concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;
1. The Defendants’ reasons for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) the contents and nature of the crime, such as committing a crime even though the Defendants were under confinement or were under parole period; and (b) the crime of this case was committed two times, and thus, the Defendants’ liability is not exceptionally imposed.
However, the crime of this case was not organized as a intermediary for payment; the defendants are under confinement for a considerable period of time or are terminated; the defendants are currently breaking their mistakes in depth; the defendant's age, sex, environment, motive, means and consequence of the crime; and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as ordered by the order.