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(영문) 서울중앙지방법원 2018.03.28 2018고정23

형의집행및수용자의처우에관한법률위반

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Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a senior friendly Gu of the case, other than the case committed in the female prison.

No one shall carry in liquor, tobacco, cash, check, etc. to a correctional institution for the purpose of delivery to a prisoner without permission.

Nevertheless, around 15:19 September 14, 2017, the Defendant: (a) sealed two tobacco charges, which are goods prohibited from bringing in of correctional facilities, in a letter bag, and carried them into correctional facilities by registered mail for the purpose of delivering them to the inmates B of the correctional institution in the new post office in Gangnam-gu Seoul, Seoul, for the purpose of delivering them to the inmates B in the new post office; (b) however, the Defendant was exposed to censorship of correspondence and did not commit such attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to prohibited goods (tobacco);

1. Article 132 (2) and Article 132 (1) 2 of the Administration and Treatment of Correctional Institution Inmates Act concerning facts constituting an offense, and the execution of selective punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;