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(영문) 부산지방법원 2016.10.12 2016고정3011
형의집행및수용자의처우에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

On June 15, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.) at the Busan High Court, and the above judgment became final and conclusive on August 26, 2016.

No one shall carry in, or possess, use, receive, exchange, or conceal liquor, tobacco, cash, or water ticket to a correctional institution, but the defendant received and used tobacco, which is prohibited goods within a correctional institution, as described in the following subparagraphs:

1. On December 8, 2015, around 14:56, the Defendant received 10 pieces of tobacco from B and B in front of the Busan detention center C entrance in the Busan detention center, which was located in the city, and received 10 pieces of tobacco from B in the same room as the date on which it is impossible to identify the date on December 2015, and received 10 pieces of tobacco from 10 pieces of tobacco owners.

2. On December 8, 2015, around 17:30 on December 17, 2015, the Defendant received four pieces of tobacco from D and D through the entrance door of the living room in Busan detention center E.

3. The Defendant, on the date of December 2015, smoked 11 of the tobacco smoking in Busan detention center E, and the tobacco generated from the previous B.

Summary of Evidence

1. Defendant's legal statement;

1. The interrogation protocol of each special judicial police officer against B and D;

1. Statement of the special judicial police officer with regard to F;

1. Previous records of judgment: The application of statutes to criminal records, copies of written judgments, and the results of search of Konet case;

1. Article 132 (1) 1 of the Administration and Treatment of Correctional Institution Inmates Act regarding criminal facts; Article 132 (1) 1 of the Administration and Treatment of Correctional Institution Inmates Act; Article 1 of the same Act; Article 37 of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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