2015Gohap57, 129 (Joints)

Special obstruction of Performance of Official Duties, Violation of Narcotics Control Act (flag), Award

Maritime Affairs, Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.

Violations of the Management Act

A

The order of transfer, the amount of prosecution, and the diversity flag (public trial)

Attorney B (Korean National Assembly)

June 12, 2015

A defendant shall be punished by imprisonment for five years.

The seized white paper 0.4g (No. 297 of pressure No. 2015, 2015, No. 1 of pressure No. 297 of the Busan District Prosecutors’ Office), one vinyl blick (No. 297 of the above pressure No. 2), 0.09g of penphones contained in the white paper (No. 335 of the pressure No. 335 of the Busan District Prosecutors’ Office 2015), and 0.05g of penphones contained in the white paper (No. 335 of the above pressure No. 2 of the above pressure) shall be confiscated, respectively.

1,900,000 won shall be additionally collected from the defendant.

To order the defendant to pay an amount equivalent to the above additional collection charge.

Criminal facts

2015, 57

1. Violation of the Automobile Management Act;

On September 6, 2014, the Defendant purchased ChoxG car from a person who was unaware of his name in front of the entertainment room located in the Dong-dong, Busan, but did not file an application for the ownership transfer registration of the said car within 15 days without justifiable grounds.

2. Injury resulting from special obstruction of performance;

On October 6, 2014, at the 'F' parking lot located in Busan Seo-gu, Busan, on the 13:15th of October 2014, G (the prosecution of October 22, 2014) discovered that 'K5' is boarding the car driving seat of 'K5', and found that 'K5' is a police officer', G is about to arrest G with a warrant of arrest issued by G. G continues to arrest D's arms and parts with two hands as soon as possible in order to avoid arrest, and the defendant, the police officer of G, who was under duty in the vicinity of G, conspiredd with D's body and carried with the scene to assist the escape of G, and the defendant, the head of G, who was under duty to carry with the scene, was in collusion with Gbucks to open the 4th of the police officer's body, and thereby, the defendant again put the above 'D's body and other dangerous things, such as dangerous things that require a warrant of arrest.'

3. Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts;

피고인은 2014. 12. 초순 03:00경 부산 연제구 연산동에 있는 연산지하철역 부근 상호불상 모텔의 호실불상 객실에서 스마트폰 어플리케이션인 '즐톡'의 채팅을 통하여 알게 된 H(여, 18세)를 만나 H와 1회 성교하고 그 대가로 H에게 현금 15만 원을 교부하여 성을 매수하였다.

4. Violation of the Narcotics Control Act;

Notwithstanding that the Defendant is not a person handling narcotics:

(a) around 12:00 on October 31, 2014, the Defendant kept approximately 0.4g of 0.4g g gram (Evidence No. 297 of the above voltage No. 297) (referring to 'copon'; hereinafter referred to as 'propopon'), which is a psychotropic substance contained in vinyl B-302 (No. 297) in his house at the small bottom of the Defendant’s house, and kept them in his house.

나. 2014. 12. 초순 12:00경 부산 북구 만덕동에 있는 만덕터널 부근 상호불상 모텔의 호실불상 객실에서, 위 '즐톡'을 통해 알게 된 J에게 필로폰을 판매하기 위해 샘플용으로 일회용주사기에 든 필로폰 약 0.05그램을 무상으로 교부하여 이를 수수하고, 약 2시간 후 그 자리에서 J에게 일회용주사기에 든 필로폰 약 0.7그램을 교부하고 J으로부터 필로폰 대금으로 현금 40만 원을 건네받아 이를 매매하고,다. 2014. 12. 중순 03:00경 부산 연제구 연산동에 있는 연산지하철역 부근 상호불상 모텔의 호실불상 객실에서 필로폰 불상량(1회 투약분)을 일회용주사기에 넣고 물과 희석한 다음 H의 팔뚝 혈관에 주사해 주고, 뒤이어 그 자리에서 같은 방법으로 필로폰 불상량(1회 투약분)을 자신의 팔뚝 혈관에 주사하여 이를 각각 투약하고,

D. On December 22, 2014, around 22:00, one disposable injection machine, each of which contains approximately 0.05g oponphones, to be administered together before the two people enter into a sex relationship, to be delivered to them free of charge, and to be delivered to them at the guest room near the Sochion subway Station located in the Sochina-gu Busan Metropolitan City, Busan, and to be administered together at the guest room near the Sochina-dong;

E. At around 18:00 on January 5, 2015, at the guest room of 'L' 'L' telephone K located in Busan Y, one-time injection machine with approximately 0.05g gramphones, respectively, to be administered together before having sexual intercourse with J and H, are delivered and received, respectively;

바. 2015. 1. 11. 19:30경 부산 부산진구 M에 있는 'N'모텔 502호에서 위 '즐톡'을 통하여 만난 0으로부터 필로폰 대금으로 현금 50만원을 건네받고 비닐봉지에 담긴 필로폰 약 0.7그램을 에게 교부하여 이를 매매하고,

G. At the time, at the time, at the place, as described in the paragraph (f), ① and women-friendly P did not administer the phiphones properly, put about 0.03g of the phiphones into a single-use injection machine, divers the water and dilution into the body of the P, 0.03g of the philophones into the body of the P in the same manner, and in the same manner, 0.03g of the philophones into the body of the defendant's arms and administered them, respectively.

5. Bodily injury;

The Defendant, at the time, at the time, and at the place of entry of the matter set forth in Article 4, after administering a scopon, took the copon into the copon, and asked three persons of sexual intercourse with the victim P as soon as possible, and caused an injury to the victim in the number of days of treatment that the victim would remove the copon from the copon and make the victim keep a distance from the 1st m of the copon of the copon.

“2015 Gohap129

Although the Defendant is not a narcotics handler, around 16:00 on January 18, 2015, the Defendant kept approximately 0.14g 0.14g of psychotropic phone, which is a psychotropic drug, in the cell of the Busan Jin-dong Police Station located in Busan-dong, Busan-gu, and possessed narcotics.

Summary of Evidence

2015,000

The crime No. 1 in the case of sale)

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. A report on investigation (a list of evidence Nos. 6, 8, 12, 13;

1. Paragraph (2) of the facts constituting a crime in a vehicle photograph or a chassis;

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning G;

1. Statement by the prosecution concerning D;

1. Statement made by the police to Q Q;

1. Investigation report (Evidence No. 1. Each statement of opinion (Evidence No. 4, 23)

1. On-site photographs [the Nos. 2 and 10 of the evidence list], damage photographs;

Criminal facts in the judgment of the court, paragraphs 3, 4-B, 3, 4-2, 5

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning J and R;

1. Each police suspect interrogation protocol against J and R;

1. Paragraph 4 (a) of the facts constituting an offense at the time of selling the list of expert evidence;

1. Defendant's legal statement;

1. The police statement of S;

1. Notification of the results of appraisal of narcotics, etc. and written appraisal [Attachment No. 21 of the evidence list];

1. 0.4 g of white-finding body (Evidence 1 of 2015, No. 297 of pressure of the District Prosecutors' Office in Busan District Prosecutors' Office), one vinyl (Evidence 2 of 297 of the above pressure No. 297), 4 of facts constituting an offense at the time of marketing, and paragraph (5);

1. Defendant's legal statement;

1. Statement A 0 in the interrogation protocol of the second prosecutor's office against A;

1.0 Each prosecutor's interrogation protocol or protocol of statement concerning T;

1.0 Each police suspect interrogation protocol and statement about T;

1. List of investigative guarantee units 32,45 [Attachment 32,45];

1. The records of medical treatment for victims of sexual assault [35] and the statement of opinion [Attachment Nos. 48 of evidence];

1. Results of the examination of small and medium-scale reagents, the sequence 76, 79 of the evidence list / [3] 2015 Gohap129

1. Defendant's legal statement;

1. Notification of the result of appraisal of narcotics;

1. Application of Acts and subordinate statutes 0.09g of phiphonephones contained in white paper (Evidence 1 of No. 335 of the 2015 District Prosecutors' Office), and 0.05g of phiphones contained in white paper (Evidence 2 of No. 335 of the above voltages)

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

Articles 81 subparag. 2 and 12(1) of the Automobile Management Act (the point of application for the registration of transfer of ownership of a motor vehicle, the choice of imprisonment), the first sentence of Article 144(2), Articles 14(1), 136(1), and 30 of the Criminal Act, Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the point of sexual traffic and the choice of imprisonment), Articles 60(1)2 and 4(1), 2 subparag. 3(b) (the point of application for the registration of transfer of ownership of a motor vehicle, the point of application for the registration of imprisonment), Article 257(1) of the Criminal Act (the selection of imprisonment and the selection of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the crime of harming the Disturbing of Special Public Service which is the largest punishment)

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act provides reasons for sentencing; 1. Scope of applicable sentences: Imprisonment with prison labor for up to 3 years up to 45 years

2. Scope of recommendations;

○ Basic Crime: Injury resulting from Special Obstruction of Official Duties

[Determination of Punishment] Crimes of Obstruction of Official Duties, Death or injury resulting from Special Obstruction of Public Duty, Type 1 (Bodily Injury or Injury resulting from Special Obstruction of Public Duty

[Special Aggravationd Persons] - Where serious injury occurs (type 1), and where the degree of interference with official duties is more severe.

[Scope of Recommendation] 3 to 9 years (Special Aggravation)

○ Group 1 Crimes: Violation of the Act on the Control of Narcotics, etc. (flavoring) by the Act on the Control of Narcotics, etc., concerning the sale of phiphones on January 11, 2015

[Determination of Types] Narcotics Crimes, Trade Mediation, etc., Type 2 (mariju, Malib (b) and (c), etc.)

[Scope of Recommendation Form] 1 to 2 years (Basic Field): The crime of violation against the Act on the Control of Narcotics, etc., concerning the Purchase and Sale of Sculphones in the early December 2014.

[Determination of Types] Narcotics Crimes, Trade Mediation, etc., Type 2 (mariju, Malib (b) and (c), etc.)

[Scope of Recommendation Form] 1 year to 2 years (basic area) : The scope of Recommendation Form revised according to the standards for handling multiple crimes: Three years of imprisonment (minimum limit of basic crimes): 10 years [the maximum nine years of basic crimes + 1 year ( maximum of 1 year of concurrent crimes x 2 years x 1/2), + 8 months ( maximum of 2 years of concurrent crimes x 1/3)]; Provided, That since there are concurrent crimes for violating the Automobile Management Act for which no sentencing guidelines have been set, the minimum limit of the sentencing criteria shall apply.

3. Determination of sentence: In each of the crimes of five years of imprisonment, the crime of violation of the Automobile Management Act was committed by the defendant while purchasing an automobile and filing an application for registration of transfer of ownership, and the crime of injury resulting from the obstruction of performance of special duties is committed by the defendant in collusion with G in collusion with the crime of causing violence to the victim D, who was a police officer, who was in the duty of arresting the above G by a warrant of arrest, and obstructing the police officer's lawful arrest and thereby causing injury to the victim. The crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. of Commercial Sex Acts, Etc., committed sexual intercourse with H in return for payment by the defendant. The crime of violation of the Act on the Punishment of Commercial Sex Acts, etc., of Narcotics Control, Etc., committed by each of the crimes of violation of the Act on the Control of Narcotics, etc. from 10, 31 to 18, 2015, was committed twice by the defendant, three times more times more, and three times more times more, and the crime of injury was committed by the victim.

In the case of the crime of bodily injury resulting from special obstruction of performance of official duties among the crimes above, the crime was committed with intent to circumvent the exercise of legitimate public authority, thereby causing serious interference with the police officer's arrest duty, causing serious injury to the victim D, which requires four weeks' medical treatment, and the number of times in the case of the crime of violation of the Act on the Control of Narcotics, etc., each of the narcotics, etc. is not limited to the administration or possession of the person, but to deliver or sell the other person to commit the crime of narcotics, and it is necessary to strictly punish the defendant in light of the following: (a) the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) and the additional crime of bodily injury in relation to each of the above narcotics crimes.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant confessions all of the crimes of this case and reflects each of the crimes of this case, the defendant deposited 3 million won for the victim P, 1.5 million won for the victim P, his family member, etc., and the fact that the social relation of the defendant is obvious, such as the defendant's submission of a written application for coal, etc., the punishment shall be determined as ordered in consideration of the defendant's age, family relationship, personality and behavior, circumstances after the crime, etc. as stated in

Judge of the presiding judge;

Judgment of the Supreme Court

Judges Heung-ho