2013Unauthorized 231 Violation of the Punishment and Treatment of Prisoners Act

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Residence

(At present in Cheongju Correctional Institution)

Reference domicile

The date of use (prosecution), the Glaver (Trial)

May 2, 2013

Defendant shall be punished by a fine of KRW 1,000,000.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

Seized evidence 1 to 4 above shall be confiscated from the accused.

To order the defendant to pay an amount equivalent to the above fine.

Criminal facts

On November 30, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Cheongju District Court on November 30, 2012 and is still pending in the appellate trial.

The defendant had a mind to smoke by bringing in tobacco, which is prohibited goods into prison, through build-gu Do governor, which is in a de facto marital relationship with his meeting.

1. On January 3, 2013, the Defendant requested to send tobacco to a Cheongju prison located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, 1887-ro, and requested the Defendant to include the name of his relative in the same ward, who is the prisoner, in the same ward, and the name of his relative.

On the 9th day of the same month, the above △△△△△△△△, in a Cheongju post office located in Cheongju, opened a sign indicating the nature of tobacco per cigarette in a plastic paper, put it again again into a plastic paper, put it again again, and then sent the same sex book to the sender, the receiver, and the receiver.

On the 11th day of the same month, the Defendant: (a) deducted from the 3rd lower-class room of the Cheongju prison, the Defendant, at the 13th lower-class room of the 3rd unit of the Cheongju prison, the tobacco dust concealed in the lux book sign that arrived at the show room in the future; and (b) moved into the lux in the lux in the lux box of the lu

On the 12th day of the same month, the Defendant smoked in a ward toilet for the same period from around the same month to around the 16th day of the same month by inserting tobacco in a scam room in a scam room and entering a scam room and attaching a fire using a sound place and a gambling place.

Accordingly, the defendant brought in, possessed, and used tobacco, which is prohibited goods, to correctional facilities.

2. 피고인은 ●●●에게 같은 거실 수용자인 ◆◆◆과 그의 부친 □□□의 이름과 주 소를 알려주고, 위 ●●●으로 하여금 2013. 1. 23.경 위와 동일한 방법으로 담배 3갑 분량의 담배가루를 성경책 표지 속에 숨겨 서청주 우체국에서 발송인 □□□, 수신인 ◆◆◆으로 하여 발송하게 하여 금지물품인 담배를 반입하려다가 같은 달 28.경 청주 교도소 서책담당 직원에게 적발되는 바람에 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. ◎◎◎, ●●●, ◆◆◆, 에 대한 각 경찰 진술조서

1. Records of seizure and the list of seizure;

1. Work report, each photograph, meeting record record, major contents, permission for and issuance register of personal books perusal, and register of delivery of parcels of prisoners;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 132 (1) 1 and (2) of the Administration and Treatment of Correctional Institution Inmates Act.

x)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Confiscation;

Article 132(3) of the Administration and Treatment of Correctional Institution Inmates Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Equitable