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(영문) 대구지방법원 2014.02.07 2013고정2120
형의집행및수용자의처우에관한법률위반교사
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 4, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective weapons, deadly weapons, etc., damage, etc.) in the resident support of the Daegu District Court, and the judgment became final and conclusive on December 14, 2012.

Since a detention warrant installed with a provisional detention facility is a correctional institution, no alcoholic beverage, tobacco, cash, or check shall be carried in to a correctional institution, or possessed, used, received, exchanged, or concealed them.

Nevertheless, at the meeting room of the resident police station located in Sung-dong 13-2 at the time of permanent residence on February 29, 2012, the Defendant requested the host Party B to put tobacco into said B by calls from the host Party B to the assistant C, and requested the said B to put tobacco. On March 18, 2012, the above C sent five pieces of tobacco “Eradically harmful” to the above B in the above detention room.

Accordingly, the defendant had the above C brought tobacco into Korea and instigated the prisoner B to receive the tobacco.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C and B;

1. A criminal investigation report (a) (a written application for interview and a copy of an interview with an arrested or detained person);

1. Previous convictions: Criminal and investigative records inquiry and application of criminal records-related Acts and subordinate statutes (the Daegu District Court Decision 2012No442);

1. Article 132 (1) 2 of the Administration and Treatment of Correctional Institution Inmates Act and Article 31 (1) of the Criminal Act concerning facts constituting an offense;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 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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