2012 Gohap1212, 2013Gohap239(combined)

Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Narcotics Control Act

Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (or Sexual Purchase, etc.)

A

Freeboard, Escopic (prosecutions), Austrias (Public Trial)

Law Firm (LLC) B

Attorney C, D, and E

Law Firm F

Attorney G

June 14, 2013

A defendant shall be punished by imprisonment for five years.

12,240,000 won shall be additionally 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

[2013Gohap239]

1. Violation of the Narcotics Control Act;

The defendant is not a person handling narcotics.

On May 5, 2012, the Defendant sold 8,80,000,000,000,000,000,000 from May 5, 2012, the Defendant sold 19:4,00,00,00 for a single clophone, which contains approximately KRW 5.6g of phiphonephones to H.

Accordingly, the Defendant sold approximately 5.6g philophones to H in KRW 4.8 million.

[2012 Highest 1212]

The defendant is not a person handling narcotics.

2. Violation of the Act on the Control of Narcotics, etc. and the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.);

At around 02:00 on June 2, 2012, the Defendant observed that he is in a sexual intercourse after administering the Metrotopoper (hereinafter referred to as the "diphone") which is a psychotropic drug, along with the J (the age of 16), K (n, the age of 16), which is a psychotropic drug, at the mutual influenite conference located in Gangseo-gu Seoul Metropolitan Government, and sent approximately 0.03g of a philopon to the Defendant's arms, and then put about approximately 0.03g of a philopon to the Defendant's arms, as a result, she was in a sexual relationship with the said K and J, and in return, she provided the said K and J with KRW 10,000 respectively.

Accordingly, the defendant administered philophones, and conspired with I to purchase the sex of the juvenile.

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

A. Crimes committed on June 18, 2012

At around 22:00 on June 18, 2012, the Defendant added approximately 0.03 grams to the Defendant’s arms by inserting approximately 0.03 grams in a single-use mobile phone at the Gel located in Gangseo-gu Seoul Metropolitan City, and inserting approximately 0.03 grams to the Defendant’s arms by using a single-use injection device in the above K, who is a minor, and continuously injected approximately 0.03 grams to a minor N (the age of 15), using a single-use injection device, and put about approximately 0.03 grams to the above K and N in return for this, the Defendant added approximately 10,000 won to the above K and N in return for this.

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

(b) Crimes committed on June 2012.

On June 2012, the Defendant added approximately 0.03g of one-time philopon to the Defendant’s arms by inserting approximately 0.03g of one-time philopon at the above Mael, mixed water, and continuously injected approximately 0.03g of one-time philopon to the above K’s arms, and continued to put about 100,000 won in return for the sexual intercourse with the above K.

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

C. The crime of July 2, 2012

On July 2, 2012, at around 23:30, the Defendant added approximately 0.03g of philopon to the Defendant’s arms by inserting approximately 0.03g of philopon to the single-use telephone at the influor near the Macheon-si Integrated Bus Terminal located in Seocheon-si, Seocheon-si, Seoul, and mixing it with water, and then injected approximately 0.03g of philopon to the Defendant’s arms using the influor for a single-use injection, and then, given the above N with the sex of 10,000 won in return.

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

4. Violation of the Narcotics Control Act;

(a) purchase of penphones on June 29, 2012;

Around June 27, 2012, the Defendant intended to purchase approximately 0.7 grams from this, and then remitted KRW 3.5 million to the account under the name of 0 motherP, and again remitted KRW 300,000 to the said P account on June 28, 2012.

On June 29, 2012, around 22:50 on June 29, 2012, the Defendant transferred a disposable injection device containing approximately 0.7g philopon from the waiting room in Yongsan-gu Seoul, Yongsan-gu.

Accordingly, the defendant purchased approximately 0.7g 3.8 million won from this.

(b) purchase of penphones on November 14, 2012;

On November 13, 2012, the Defendant decided to purchase philophones through I and remitted KRW 3 million to this designated account.

After that, around 17:00 on November 14, 2012, the Defendant received a disposable injection device containing approximately 0.7g of popon, which Q sent to freight through a high speed bus located in Seocho-gu Seoul Metropolitan Government, by I’s arrangement from the South-high speed buser located in Seocho-gu Seoul Metropolitan Government.

As a result, the Defendant purchased approximately 0.7 grams from Qrophones in the amount of KRW 3 million with I's referral.

Summary of Evidence

[2013Gohap239]

1. Defendant's legal statement;

1. Copies of the suspect examination protocol prepared by the prosecution 2 and 3 times against H;

1. A copy of the investigation report (verification of the details of entry into and departure from the Agricultural Cooperative Account in the name of H), a copy of the investigation report (the details of requests for station calls for H-owned mobile phones), and a copy of the investigation report (the analysis of

[2012 Highest 1212]

1. Defendant's legal statement;

1. Copies of each protocol of examination of the suspect to the prosecution against K, J, N, and I;

1. Records of seizure and the list of seizure;

1. Each request for appraisal;

1. A list of trading of ordinary deposits;

1. Investigation report (Analysis of the results of false evaluation), investigation report (in relation to voluntary submission of details of transaction in the agricultural bank account under A), investigation report (in relation to voluntary submission of details of transaction in the agricultural bank account under A), and investigation report (in

Application of Statutes

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

Articles 60(1)3, 4(1), and 2 subparag. 4(b) (Article 60(2) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same) (Article 60(1)3, 4(1), and 2 subparag. 4(b) (Article 60(2) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); Article 10(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse; Article 30 (2) of the Criminal Act; Article 11(1) of the Criminal Act; Articles 58(1)7 and 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.; Article 60(1)2 of the Act on the Control of Narcotics, Etc.; Article 3(1) and (2) of the Act on the Protection of Juveniles.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Concurrent Crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes of Crimes of Article 3 of the Judgment with the most severe punishment and penalty]

1. Discretionary mitigation;

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

1. Additional collection:

The proviso of Article 67 of the former Act on the Control of Narcotics, Etc. and the proviso of Article 67 of the Narcotics Control Act

[Based on the computation] 80,000 won X administered for the first time of phiphonephones (i.e., 4 times the Defendant’s medication + 4 times the minor’s medication) + 1160 won for the purchase of phiphones (-3.8 million won + 3 million won + 4.8 million won) = 1,240,00 won

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

Article 13(1), (2), and (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59 of the Act on Probation, etc.

Reasons for sentencing

[Scope of Punishment] Imprisonment of 5 years to 22 years

【Determination of Punishment】

‘‘(Acopon medication for each minor: Narcotics crimes, trade, good offices, etc., type 3 (narcotics and perfucopa, etc.).

- The point of trade of philophones: Narcotics crimes, trade and good offices, etc., Type 2 (mariju, flac items (b) and (c), etc.)

- The point of each scopon medication: Narcotics crimes, medication, simple possession, etc., Type 3 (f)(f) C80

【Scope of Recommendation】

- The administration of philophones for each minor: Imprisonment for not less than 4 years to 7 years (basic area);

‘‘(A 1 year to 2 years (basic area).’’’’’’’’’’’’’’’’’’

‘‘(10 months to 2 years (basic area). ‘‘(10 months to 2 years (basic area) for each philophone medication.

[Scope of the revised recommended sentence] 5 years or more of imprisonment [the minimum limit of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is a basic crime among the above recommended range, shall be considered only the minimum limit of the crime of violation of the Act on the Aggravated Punishment, etc. of Children and Juveniles against Sexual Abuse, and the minimum limit of the applicable sentence shall be lower than the minimum limit of the applicable sentence].

[Determination of Sentence] Five years of imprisonment

The crime of this case is that the defendant, who is socially responsible for protecting minors as adults, administered 15,16 years of age only several times to minors who are merely 15 and 16 years of age with a view to pursuing improved society, and the defendant himself/herself administered phiphones and provided them with several occasions of sexual purchase against minors in a regrasing state due to the administration of phiphones. In light of the criminal history and the method of the crime, etc., the nature of the crime is not very good, and the phiphone medication against minors is likely to cause severe harm to the physical function and physiological function of minors, and it also causes considerable impediment to the minor's growth as sound members of society. Thus, the defendant is strictly punished.

However, the fact that the defendant recognizes his mistake and reflects, that the defendant has no record of being punished for the same kind of crime, that the defendant has currently no record of health due to the disease related to the immunity function, and that the defendant's age, character and conduct, environment, method and circumstance after the crime, etc. are considered in all the circumstances revealed in the arguments of the case and determine the punishment as ordered.

Registration of Personal Information

Where a conviction becomes final and conclusive for each crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is 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, and is obligated to submit personal information to the competent agency pursuant to Article 34 of the same Act.

The new judge, new judge and new judge

is a judge:

Judge semi-Gu