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(영문) 인천지방법원 2016.09.30 2015고정3749
형의집행및수용자의처우에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on September 26, 2014 and the said judgment became final and conclusive on February 10, 2015.

[Criminal facts]

1. On February 3, 2015, at around 10:00, the Defendant: (a) received a request from 902 Dong Dong-dong, Incheon detention house, and completed an inspection and investigation on February 3, 2015, and completed the inspection and investigation on February 17:20, 2015; (b) stored six tobacco in panty for a stop that was placed on the right side floor of the toilets of 5 heading rooms; (c) brought into 902 Dong-dong; and (d) received six tobacco for prohibited goods, such as drying, from the said place on February 4, 2015.

2. Although the Defendants, D, and E conspired to commit the facts charged in collusion, the Prosecutor was clearly indicted as a joint principal offender in light of the applicable law to the Defendants, D, and E.

On February 6, 2015, at around 12:00, at the Incheon detention center 902 Dong B toilets, C used a altered tobacco, which is a prohibited product, as soon as possible for smoking, by taking advantage of sound and well-known gambling places.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of each police suspect against C, D, or E;

1. Previous convictions in judgment: Application of the search results of the case and the text of the judgment three-dimensional Acts and subordinate statutes;

1. Article 132 (1) 1 of the Administration and Treatment of Correctional Institution Inmates Act and the selection of a fine for an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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;

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