2012Gohap 1138 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, children and children;

Violation of the Act on the Protection of Juveniles from Sexual Abuse (Commercial Purchase, etc.)

Violation of the Punishment Control Act ( natives)

Man00, Daily Workers

Residence Busan Southern-gu

Busan Southern-gu

Man Jae-in (prosecution) and a new court (trial)

Attorney Jeong-ho (National Election)

January 11, 2013

A defendant shall be punished by imprisonment for five years.

The seized 0.3g (No. 1) and four for a disposable injection (No. 2 through 5) shall be confiscated, respectively. 500,000 won shall be collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Criminal facts

On September 28, 2010, the Defendant was sentenced to one year and three months in Busan District Court for a violation of the Narcotics Control Act, and completed the execution of the said sentence in the previous correctional institution on November 2, 2011.

On July 2012, the Defendant had sexual intercourses with the juvenile yellow ○○ (n, 16 years of age) and once with the one-time sexual intercourses at the nearest 00-dong, Busan-dong, Busan-do, Busan-do, and as a result, the Defendant had 135,000 won to the aforesaid yellow ○.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Narcotics Control Act, and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

The defendant is not a person handling narcotics.

A. Crimes committed on August 15, 2012

At around 03:00 on August 15, 2012, the Defendant added approximately 0.03g of psychotropic drugs to the Defendant’s right arms by mixing them with water, and put approximately 0.03g of psychotropic drugs on the part of the Defendant’s side at ○○○○○○○○○○○○, which is located in the Nam-gu Busan Metropolitan City, for one-time use, and put approximately 0.03g of philop on the part of the Defendant for one-time use, and put them into the arms of the above ○○○○, which is a minor, in a sexual relationship with the above ○○○○○, and 10,000 won in consideration thereof. Accordingly, the Defendant administered philopon to a minor, administered philopon to a minor, and performed the act of purchasing juveniles’ sex.

(b) The crime committed on August 18, 2012;

On August 18, 2012, at around 23:00, the Defendant added approximately 0.03 grams to the Defendant’s right arms by inserting approximately 0.03 grams at the home at the center of the ○○ Middle School located in Busan Nam-gu, Busan, and mixing it with water, and continuously put about 0.03 grams on the Defendant’s right arms, and continuously put about 0.03 grams to the above yellow ○○ who is a minor on the part of the other person on the part of the Poter, and put about 10,000 won to the above yellow ○○.

Accordingly, the defendant administered philophones, administered philophones to minors, and bought juvenile sex.

3. Violation of the Narcotics Control Act;

The defendant is not a person handling narcotics.

(a) Medication of philophones;

On November 14, 2012, at around 14:00, the Defendant administered phiphones by inserting approximately 0.03 grams in a single-use clock toilet at ○○○○○ Scamba, Nam-gu, Busan, and mixing water to his right arms.

(b) Handphones;

On November 12, 2012, around 16:25, the Defendant possessed a phiphone by inserting approximately 0.32 grams in a transparent vinyl 301 and inserting approximately 0.32 grams into a brophone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecutor with respect to ○○;

1. Notification of the result of appraisal of narcotics;

1. Investigation report (to photograph and attach text messages sent by ○○○○, which are stored in the cellular phone of ○○○);

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, investigation reports, and personal identification records;

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

Article 11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 58(1)7 and 4(1) of the Narcotics Control Act ( selection of a limited term of imprisonment for a minor), Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the occupation of administering and possessing phiphonephones, the choice of imprisonment), Article 10(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing child or youth sex, the choice of imprisonment for a limited term of imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (Provided, That the proviso of Article 42 of the Criminal Act shall not apply to the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 of the Criminal Act [Concurrent Crimes within the limit of the proviso of Article 42 of the Criminal Act concerning the Aggravated Punishment, etc. of Specific Crimes committed on August 18, 2012 with the largest penalty and penalty]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

proviso of Article 67 of the Narcotics Control Act (based on calculation of the amount of additional collection: 100,000 won X5 of the price of clopphones per time

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

The main text of Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

[Scope of Punishment] Five years of imprisonment to twenty-five years of imprisonment

【Determination of Punishment】

- The point of violation of the Act on the Control of Narcotics, Etc.: Narcotics crimes, medication, simple possession, etc., third-class punishment (f).

[Special Aggravationd Persons] - Special Aggravationd Persons: the previous department (a suspended sentence of not more than three years)

[Scope of Recommendation] One year to Three years (Aggravated Field)

[Scope of the revised recommended sentence] Imprisonment for not less than five years (in accordance with the applicable sentence)

[Determination of Sentence] The crime of this case 5 years of imprisonment with prison labor means that the defendant administers and possesses phiphonephones, and Y ○○, which is a juvenile who is only 16 years of age, has been administered twice or twice in the process, and the quality of the crime was poor. The defendant committed each of the crimes of this case during the period of repeated crimes not exceeding 1 year since he was sentenced to imprisonment with prison labor due to the same crime even though he had the record of punishment for the crime related to psychotropic drugs, it is necessary to strictly punish the defendant in light of the fact that the defendant committed each of the crimes of this case during the period of repeated crimes not exceeding 1 year since he was released from prison due to the same crime, and for the purpose of pursuing improvement, it seems that it would harm the sound mental and physical growth of the juvenile by administering phiphonephones.

However, in this case, the defendant's mistake is recognized and against all his mistake, and the above yellow ○○ is deemed to have had the record of administration of phiphones before the instant case, and other grounds for sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be considered in light of all the grounds for sentencing.

Registration of Personal Information

Where a conviction of a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is finalized for each of the crimes against whom a child or juvenile is a sex offense, the defendant is obligated to submit personal information to a competent agency under Article 34 of the same Act.

The presiding judge and the judge;

Judges Unauthorizedd Judge

Judges or commercialia