Defendant

Kim Chang-seop (Lawsuits) and Lee Jae-il (Trial)

Attorney Cho Young-soo (Korean)

A defendant shall be punished by imprisonment for not less than two years and six months.

Evidence Nos. 1 through 6 (No. 317 of pressure in 2013) in the total list of seized articles shall be confiscated, respectively.

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

On July 8, 2009, the Defendant was sentenced to imprisonment for 4 months and 1 year and 1 year and 8 months for the violation of the Act on the Control of Narcotics, Etc. at Incheon District Court on July 8, 2009. On February 6, 2011, the Defendant completed the enforcement of the said sentence in the

"2012 Highest 2475"

The defendant is not a person handling narcotics.

1. On August 2012, the Defendant transferred KRW 3.50,000 from the corporate bank passbook in the name of Nonindicted Party 1 used by the Defendant at a non-indicted 7’s place, to the account in the name of Nonindicted Bank 7, the Defendant purchased approximately 0.4g of philopon contained in Nonindicted Party 7 in the parking lot located in the boundary of the main station located in the Nam-gu Incheon City, Nam-gu, Incheon.

2. The Defendant, as described in paragraph 1, administered 0.07g of philopon, purchased at the Mayang-si Mayang-si Mayang-si (hereinafter omitted), by dilutioning approximately 0.07gg of philopon, into a single-use injection machine, and administering philopon in a way of injecting it into the blood body of the arms.

3. On August 2012, 2012, the Defendant: (a) divided approximately 0.1g of chophonephonephones possessed by Nonindicted 7 in △△nam-gu, Incheon; (b) divided them into two for a single-use, two-round, one-time, and 0.05gg; and (c) injected them with Nonindicted 2 in a way of dilution with their arms.

4. On September 6, 2012, the Defendant: (a) injected a philophone in the Nam-gu Incheon Metropolitan City (hereinafter omitted); (b) divided approximately 0.1g of philophonephones 0.05g from Nonindicted 7 into two for a single-use injection machine; (c) injected them with water; and (d) injected them with Nonindicted 2 by means of injecting them into their arms blood cells.

5. On September 20, 2012, around 20:00, the Defendant purchased KRW 0.3g of philophone 0.3g, which was contained in the one-time injection machine, from the Incheon, “Nonindicted 3” who knows sex within Nonindicted 2 driving on the private street near a literature human body located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

6. The Defendant, at around 21:00 on the same day as indicated in paragraph 5, contained approximately 0.15g of the clophonephones purchased from the Mayang-si, Annyang-si, Annyang-si, Annyang-si, annyang-si, and issued them to Nonindicted 2 in a disposable injection machine, as described in paragraph 5.

7. The Defendant, at around 21:10 on the same day as described in paragraph 5, put 0.07g of the philophones purchased at the same place as described in paragraph 5 of the said paragraph into a single-use injection machine, dilution with raw water, and administered them in a way of injecting them into the body of arms.

8. Around 01:00 on November 9, 2012, the Defendant purchased and stored 0.07 grams in the Defendant’s BMW X5 car parked on the road near the YW X5-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “WM X5-dong-dong-dong-dong-dong-dong-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-car

"2012 Highest 2803"

9. Damage to property;

피고인은 2012. 6. 25. 20:10경 부산 강서구 (이하 생략)에 있는 '☆모텔' (호수 생략)에서 함께 투숙한 공소외 2와 필로폰을 투약한 후 흥분한 상태로 그곳에 있던 시가 합계 1,980,000원 상당의 컴퓨터 본체 2대, 화재감지기 1대, LED전구 1대, 벽지 등을 손괴하여 그 효용을 해하였다.

10. Abetting an offender;

피고인은 2012. 7. 초순경 부산 강서경찰서 소속 경사 공소외 8로부터 피고인이 위 ‘☆모텔’의 재물을 손괴한 것이 맞는지 문의하는 전화를 받았으나, 처벌을 면하기 위해 피고인의 후배인 공소외 9가 범인인 것처럼 이야기 하였다.

이후 피고인은 2012. 7. 초순 11:00경 군포시 (이하 생략)에 있는 피고인이 운영하는 ‘▽▽▽▽▽▽’ 사무실에서, 위 공소외 9에게 “니가 경찰에 가서 조사를 좀 받고 합의를 보고 와라”라고 이야기를 하여 위 공소외 9로 하여금 허위 자백을 하여 범인을 도피하도록 교사하였고, 위 공소외 9는 사실은 피고인이 위 ‘☆모텔’의 물건을 손괴하여 벌금이상의 형에 해당하는 죄를 범하였다는 사실을 알면서도 피고인의 교사에 따라 2012. 7. 24. 부산 강서경찰서 형사 1팀 사무실에 출석하여 자신이 마치 위 ‘☆모텔’의 물건을 손괴한 것처럼 허위로 진술하여 범인을 도피하도록 하였다.

" 2013 Highest 259"

11. On September 201, the Defendant offered the said car as security in the name of Nonindicted Co. 1 (vehicle number omitted) in the name of Nonindicted Co. 5, the Defendant, who was the Defendant’s challenge from Nonindicted Co. 5, by borrowing KRW 13 million from the nominal bondholder while driving a BM X5 car under the name of Nonindicted Co. 1, which was the Defendant’s challenge. The foregoing name-based bond company sold the said car as the Defendant was unable to repay the borrowed money, and the victim Nonindicted Co. 4 finally purchased and operated the said car.

Since then, the Defendant was aware that the victim purchased and operated the said car during the process of recovering the said car, and the Defendant made a telephone call to the victim and agreed with the victim at the △△△ hotel located in the Jung-gu Incheon Metropolitan City ( Address omitted).

On October 22, 2012, the Defendant discovered that the said car was parked at the hotel located in △△△△△△△△△△△△△, using the key to the said car, thereby cutting down the said car at the time of driving by leaving the vehicle at the time, and thereby driving the said car at a level of KRW 20 million.

"2013 Highest 451"

12. At around 17:00 on June 25, 2012, the Defendant, in collusion with Nonindicted 2, purchased 150,000 won of a psychotropic phone, which is a psychotropic drug packed in the Gangseo-gu Busan Metropolitan City (hereinafter referred to as the “Mamar Park”), from the “Mamar Park” located in the Gangseo-gu Busan Metropolitan City (hereinafter referred to as the “Mamar Park”) and purchased 0.2 gramphonephones.

13. 피고인은 공소외 2와 공모하여, 2012. 6. 25. 21:00경 부산 강서구 (이하 생략)에 있는 ‘☆모텔’ (호수 생략)에서 제1항 기재와 같이 매수한 필로폰 0.1그램씩을 1회용 주사기 안에 넣고 물로 희석한 후 각자의 팔에 주사하는 방법으로 필로폰을 투약하였다.

【Facts 1 to 8 at the Time of Sales】

1. Oral statements of the defendant in the second protocol of trial;

1. Legal statement of the witness Nonindicted 2

1. Each prosecutor's interrogation protocol against the defendant and non-indicted 2

1. The prosecutor’s statement concerning Nonindicted 7

1. Each investigation report (Evidence records, 168, 185 pages);

[Each fact of paragraphs 9 through 10 at the Time of Sales]

1. Oral statements of the defendant in the second protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against Nonindicted 9

1. The police statement of Nonindicted 11

1. Investigation report (Evidence records 48 pages);

【Fact-finding 11】

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement on Nonindicted 12, 1, and 4

1. A copy of a certificate of remittance or the register of automobiles (A);

1. Investigation report (Evidence records 117 pages);

【Each fact described in Articles 12 and 13 at the Time of Sales】

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against Nonindicted 9 and 2

1. The police statement of Nonindicted 11

1. Police seizure records;

1. Each photograph;

1. Each written appraisal;

1. Investigation report (Evidence records 211 pages);

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment of a certified copy of the judgment, number of personal data and current status of confinement);

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

Articles 60(1)2, 4(1)1, subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, Etc. (trade, medication, provision of psychotropic drugs, choice of imprisonment), Article 366 of the Criminal Act, Article 151(1), Article 31(1) of the Criminal Act, Article 329 of the Criminal Act (Appointment of Imprisonment, Selection of thief)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

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

Despite the fact that the defendant has been punished twice for the same crime and has been sentenced to a fine for the same crime during the period of repeated crime, it shall be taken into account that the crime of this case has been repeated over several times.

It is so decided as per Disposition for the above reasons.

[Attachment]

Judges Ha fixed-si