2017Gohap128A. Violation of the Act on the Control of Narcotics, etc. (fence)

(b) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1.(a) A

2.(a)B

3.b.C

The highest (prosecution), interest rate (public trial) and public trial

Attorney D (Defendant A and P)

Attorney E (the national election for the defendant C)

August 30, 2017

Defendant A shall be punished by imprisonment with prison labor for four years, by imprisonment for eight months, and by imprisonment with prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive, the execution of each of the above punishment against Defendant B and Defendant C shall be suspended.

Defendant A’s completion of the 80-hour sexual traffic prevention program, taking the 80-hour narcotics treatment course to Defendant B, and taking the 80-hour community service for Defendant C and the 40-hour sexual traffic prevention class.

4 points of injections (No. 5), coloring solid 10 mlives of white color (No. 10) shall be confiscated from Defendant A, respectively.

250,000 won shall be additionally collected from Defendant A.

The provisional payment of the amount equivalent to the above additional charges shall be ordered to Defendant A.

Criminal facts

【Criminal Power】

On December 23, 2015, Defendant A was sentenced to a suspended sentence of ten months in the Incheon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes. Defendant A is still under a suspended sentence of ten years, which became final and conclusive on December 12, 2015

【Criminal Facts】

Defendant A and Defendant B are not persons handling narcotics.

1. Defendant A

(a) Violation of the Narcotics Control Act;

1) On February 2, 2017, Defendant A received Handphones free of charge from the deceased and disabled who became aware of while conducting a mobile hosting of 's 's 's 's 's 's 's 's 's' in F', Defendant A received phiphones from the deceased and disabled.

2) On February 2, 2017, Defendant A administered philophones to minors by having a minor J (L, 18 years of age) under the influence of alcohol on the part of the hotel I room located in H, which was located at the first time of the government of the first time of the police, and by having the minor J (L, 18 years of age) do so.

3) On February 2017, Defendant A purchased 10,000 won in cash from the L Bank’s front side of the L Bank’s building located in L Bank’s Republic of Korea, Defendant A purchased phiphones from the L Bank’s first page, one of which contains 10,000 won in cash from the L Bank’s first page, and includes phiphones.

4) On February 18, 2017, Defendant A: (a) at the Nelel room located in Don Government City M; (b) at the single-use injection machine; (c) dilution with water, Defendant A administered a phiphone to a minor by injection into the arms blood pipe of B (the age of 16) who is a minor; and (d) administered a phiphone to the minor.

5) Defendant A, at the time, at the time, at the place specified in the foregoing paragraph 4, added the volume of philophones into water at a disposable injection machine, dilution with water, and then administered philophones to minors by giving them injection to the above J’s hand.

6) Defendant A administered philophones to minors by inserting philophones into paper cups containing water at the time, place, and mixing them with philophones, allowing them to do so to do so to a minor O (the age of 17).

7) On February 20, 2017, Defendant A purchased 1,50,000 won in cash from L bank buildings located in K at L bank at L bank at L bank at L, Don Government, and purchased phiphones by taking 1,50,000 won from L bank winners as described in paragraph (1).

8) On February 20, 2017, Defendant A administered chophones to minors by inserting chophones in the Nurel room located in Don Government City M, inserting the single chophones into the single chophones, dilution with the bio-waterways of the above J, which is minor descendants, etc.

9) Defendant A, at the time, at the place described in the foregoing paragraph 8, added the volume of philophones into a single-use injection machine, added it to bio-dilating it into the above B’s arms and administered philophones to minors by injecting them into the above B’s arms.

10) On March 2017, 2017, Defendant A received a single philopon from a person with no personal injury, using mobile hosting in order to conduct 's 's doping’ with J, Defendant A received one philopon from a person with no personal injury, free of charge, and received a philopon from a person with no personal injury.

11) At around 18:00 on March 9, 2017, Defendant A carried a single injection device containing approximately 0.05g of philophones received, such as the above Ncom 801, and the above 10-mentioned 10, and carried a philophone.

(b) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

At around 20:00 on February 18, 2017, Defendant A introduced from the NA to the NA (n, 17 years of age) which was known through mobile hosting, Defendant A proposed a proposal that she would have at least KRW 170,000 to KRW 250,00 if she had sexual intercourse with a person who was a juvenile who was known through mobile hosting. Defendant A had the above P go to the guest room in the above NNA who was waiting for the non-member of the name called "Ma Q, known to Defendant A."

As a result, Defendant A recommended to sell sex to juveniles for the fraud of sex of children and juveniles.

2. Defendant B

A. On January 2017, Defendant B administered philophones by a method of drinking drinking beverages mixed with a philoopopon’s non-sopon’s non-sopon’s non-sopon’s non-sopon’s volume at the Roto’s room located in a non-sopon’s place (hereinafter referred to as “Sopon”).

B. On February 18, 2017, Defendant B administered phiphones by inserting the philophones in a single-use injection machine for Defendant B, which he/she became aware of through mobile hosting, and in a way that he/she injecteds the philophones to Defendant B. Defendant B administered the philophones in a single-use injection machine for Defendant B. On February 20, 2017, Defendant B administered the philophones in a way that he/she had A injection into the bloodline for Defendant B’s arms, as above.

3. Defendant C.

around December 2016, Defendant C parked in the alleyway near the city of the Government of the Republic of Korea, and Defendant C sent 100,000 won to Defendant C (W, 16 years old), through mobile hosting, to Defendant C’s child B (W, 16 years old) and her female and her single sexual intercourse.

Accordingly, Defendant C committed an act of purchasing child or juvenile sex.

Summary of Evidence

【Criminal facts stated in Paragraph 1-A of this Article】

1. Defendant A’s legal statement

1. Each legal statement of the witness J, B andO;

1. Each interrogation protocol of the prosecution against theO, J, and Defendant B;

1. Written appraisal of narcotics;

1. Written confirmation of test reaction test by J and Defendant B, each of whom is a documentary examiner;

1. On-site and photographs of seized articles;

1. Report on the market price of narcotics and investigation report thereon (calculated additionally);

[Criminal facts stated in Article 1-2(b) of the Fair Trade Commission]

1. The defendant A's partial statement

1. Each legal statement of the witness T, J, B, andO;

1. The second protocol of examination of suspect suspect against the defendant A, which contains some statements;

1. Each police officer and prosecutor's protocol of suspect examination against theO, J, and Defendant B;

1. A copy of the police statement and the statement concerning Defendant B;

1. Data on the photographic documents of the contents of the conversation between the suspect A and the unclaimed person in his name in his name, and the 'V' conversation between P and A;

【Criminal Facts described in paragraph (2) at the Time of Sales】

1. Defendant B’s legal statement

1. Each legal statement of the witness J and 0;

1. Second suspect examination protocol of Defendant A by the prosecution;

1. Each protocol of examination of suspect to the prosecution against 0 and J;

1. Police suspect interrogation protocol of P;

1. Each statement on narcotics appraisal against Defendant B;

1. A written confirmation of test reaction test conducted by Defendant B as a documentary examiner;

【Criminal Facts stated in paragraph (3) at the Time of Sales】

1. Defendant C’s partial statement

1. Each legal statement of witness B andO;

1. Some statements in the suspect examination protocol of Defendant C by the prosecution

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. Photographs of the contents of 'V' dialogue exchanged between B and C;

【Prior Records at the Time of Sales】

1. A inquiry report on criminal records, etc.;

1. A report on investigation (attaching a written judgment);

Judgment on the assertion of Defendant A, Defendant C, and their respective defense attorneys

1. Determination on Defendant A and his/her defense counsel’s assertion

A. Summary of the assertion

Defendant A has recommended to sell sex as stated in the facts of crime No. 1-b. of the judgment, but the other party to the solicitation was not aware of the fact that he was a juvenile.

B. Determination

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, Defendant A is sufficient to acknowledge the fact that P knew of the fact that P is a juvenile, as described in Article 1-2(b) of the Criminal Act, the fact that P was solicited to sell sex is sufficient.

1) On May 2016, Defendant A became aware of the J (W) through mobile phone hosting exhibitions, and Defendant A was aware of the fact that the J was a minor.

2) Prior to the date and time indicated in Article 1-2(b) of the criminal facts stated in the judgment, Defendant A met only P and B, which was known through mobile phone hosting display, and the J was located in the place. At this time, at this court, Defendant A knew that B was a minor as his middle school after the said date and notified Defendant A of the fact that P was a minor, and P was also a child’s relative, and the content of the statement is specific to the extent that it is impossible to know that it was a minor. Moreover, each of the statements from B andO’s investigative agency to this court is consistent with the above J’s statement, thereby supporting the credibility of the statement.

3) Meanwhile, in light of the contents of the “V” dialogue between Defendant A and P before and after the date and time set forth in the judgment of the court below, Defendant A seems to have been aware of the fact that the P, who recommended him to sell sex, was the friendship of the above B.

2. Determination on Defendant C and his/her defense counsel’s assertion

A. Summary of the assertion

Defendant C had purchased sex as stated in the facts of crime No. 3, but did not know that the other party to the sexual purchase was a juvenile.

B. Determination

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, Defendant C is not sufficient to acknowledge the fact that Defendant C had been aware of the minor as stated in paragraph (3) of the crime in its holding while Defendant C was aware of the minor.

1) Not only in the investigation agency but also in this court, B, who is the other party to the sexual purchase, stated that Defendant C had a sexual intercourse with himself even though he was a minor, and based on this, Defendant C knew that he was aware that he was a minor since he had a sexual intercourse with himself after he was sexual intercourse.

2) At the time of sexual traffic in B’s friendship, the 0th century stated that, at the time of sexual traffic in this court, Defendant C did not demand the presentation of identification cards, etc. to confirm the age of the person, even though the 0th century stated that Defendant C had shown not only the above stories from Defendant C at the time of sexual traffic in this court, but also that Defendant C responded to his questions as to whether it was a minor or not, and that he did not demand a presentation of identification cards, etc. to verify the age.

3) The above statements in B and 0 describe specific and sound conditions to the extent that they cannot make a statement without experience, and their credibility is high in light of the fact that it is difficult to find out special circumstances or reasons for making a statement by referring to the intent of undermining the Defendant C.

4) Meanwhile, after the purchase of sex in the judgment, Defendant C and B exchange letters with each other through “V,” which is an Internet dialogue, and among the above contents, there was a conversation between Defendant C and B to the effect that Defendant C had a fact that Defendant C had met B even before the purchase of sex (hereinafter “B”), which support the above statements and their statements.

5) In light of the above contents of the statement and the external appearance, voice, speech, and attitude of the statement expressed in the court, it is difficult to view that Defendant C might have mistaken B as an adult, who is a commercial sex offender, as a social norm.

Therefore, each of the above arguments by Defendant A, Defendant C, and their respective defense counsel is rejected.

Application of Statutes

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

A. Defendant A

(a) The point of the administration of phiphones for each minor: Articles 58 (1) 7, 4 (1) 1, and 2 subparagraph 3 (b) (excluding the choice of a limited term of imprisonment) of the Narcotics Control Act;

(b) Acceptance, purchase, and possession of phiphones: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. (the choice of each imprisonment with prison labor);

3. Solicitation for juvenile sexual traffic: Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment)

(b) Defendant B: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.

C. Defendant C: Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Optional to Imprisonment)

1. Aggravation of concurrent crimes;

(a) Defendant A: The aggravated punishment for concurrent crimes provided for in the Act on the Control of Narcotics, etc. due to the administration of phiphonephones against B on February 2, 2017, with the largest holding that Article 37 (1) 2, Article 38 (1) 2, and Article 50 of the Criminal Act and Article 50 of the Criminal Act are the most severe;

(b) Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, Etc. (compacting) due to the administration of philopon on February 20, 2017, which is the largest sentence for a crime)

1. Discretionary mitigation;

Defendant A: Articles 53 and 55(1)3 of the Criminal Act (The conditions favorable to the reasons for sentencing below)

1. Suspension of execution;

Defendant B and Defendant C: each Criminal Code Article 62(1)(The following favorable circumstances are considered among the reasons for sentencing)

1. Community service, order to complete program or order to attend lecture;

(a) Defendant A: Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

B. Defendant B: Article 62-2 of the Criminal Act

C. Defendant C: Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Confiscation;

Defendant A: the main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

Defendant A: proviso to Article 67 of the Narcotics Control Act

* Even in the case of criminal facts of violation of the Act on the Control of Narcotics, etc. (fence), with respect to Defendants A and B, the amount or value of the penphone cannot be specified (see, e.g., Supreme Court Decision 2016Do16170, Dec. 15, 2016).

1. Order of provisional payment;

Defendant A: Article 334(1) of the Criminal Procedure Act

Registration and submission of personal information

Where a conviction becomes final and conclusive with respect to a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Defendants A and C, the said Defendants are subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and they are obligated to submit personal information to the competent agency pursuant to Article 43 of

Reasons for sentencing

1. Defendant A

(a) Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

(b) Scope of recommendations based on the sentencing criteria;

1) The crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the administration of phiphones by each minor in its holding

[Determination of Type] Trade good offices, etc.

【Special Convicted Person】

[Scope of Recommendation] Basic Area: Imprisonment for 4 years to 7 years;

2) The crime of violation of the Act on the Control of Narcotics, etc. (fence) due to receipt, purchase, or possession of each penphone as indicated in the judgment.

[Determination of types] Simple possession, etc. of medication 3 types (flag(b) and (c)

【Special Convicted Person】

[Scope of Recommendation] Basic Area: Imprisonment of 10 months to 2 years;

3) The sentencing criteria for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.) are not set due to the solicitation of juvenile sex trafficking in

4) The scope of the final sentence according to the standards for handling multiple crimes

From 4 to 22 years of imprisonment [the lowest limit of the above recommended punishment is not set in the sentencing guidelines for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse due to the solicitation of juvenile sex trafficking at the time of the market, and the upper limit is based on the sentencing guidelines];

(c) Determination of sentence;

The crime of this case is highly poor in light of the content, method, frequency, etc. of the crime in which the defendant solicits the defendant to sell sex to juveniles, receives, purchases, and possesses phiphones, and administers it to minors. Also, when administering phiphones to minors, the physical and physiological functions of minors are damaged, and physical and psychological symptoms are highly likely to occur, and the crime of buying sex for juveniles can cause serious adverse effects on juveniles who have not been completely established. In addition, in addition to the circumstances that each of the crimes of this case was committed during the suspension of the execution of execution, punishment against the defendant is inevitable.

In determining the sentence, the above all the circumstances and the grounds for the normal reference, including the fact that the defendant recognized the crime of violation of the Act on the Control of Narcotics, etc. (fence) in the judgment of the defendant, and the fact that the defendant seems to have cooperated with the investigation to arrest a narcotics offender, and other various sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, criminal records, family relationship, motive for the crime, and circumstances after the crime, shall

2. Defendant B

(a) The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

(b) Non-application of the sentencing criteria;

Since Defendant B is a minor, the sentencing guidelines do not apply.

(c) Determination of sentence;

On April 19, 2016, the defendant is not aware of the fact that he had been sentenced to the suspension of indictment for the same crime and committed the crime of this case several times at several times, and thus, the defendant's strict punishment is required. However, the defendant's mistake is recognized and his depth is divided, there seems to be no fact that harm was inflicted on a third party in addition to personal medication, it seems that there is no fact that harm was inflicted on a third party, it is the minor of 17 years old, and there is no history of criminal punishment.

In determining the sentence, the above conditions and various conditions of sentencing as stated in the records and arguments of this case, including the character, conduct, environment, family relationship, motive of the crime, circumstances after the crime, etc., shall be comprehensively considered.

3. Defendant C.

(a) The scope of applicable sentences under law: One year to ten years of imprisonment; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Purchase of sex of children and juveniles in sexual traffic crimes under the age of 19

【Special Convicted Person】

[Scope of Recommendation] Basic Area: Imprisonment of 10 months to 2 years and 6 months

[Scope of the revised Recommendations] Imprisonment of one year to two years (compliance with the lower limit of the applicable sentences under law)

(c) Determination of sentence;

The crime of this case is a matter of purchasing the sex of a juvenile whose perception of sex has not yet been formed in order to resolve his own sexual desire, and the crime of this case is not good, and such an act is likely to be subject to strict punishment against the defendant due to high possibility of criticism in that it affects not only the formation of a sound sexual values but also the establishment of a sound sexual culture in our society. However, the defendant's act is a primary offender who has no criminal history, and is ordered to provide community service for a certain period of time to reflect his/her act.

In determining the sentence, the following conditions shall be comprehensively taken into account all the circumstances mentioned above, the defendant's age, character and conduct, environment, family relationship, motive for committing a crime, circumstances after committing a crime, etc., and various sentencing conditions specified in the records and arguments as ordered.

The presiding judge, judge and assistant judge;

Judges Kang Jae-sung

Judges Park Il-young