2013Gohap44, 47(Consolidated) Act on the Aggravated Punishment, etc. of Specific Crimes,

Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

2) Violation of the Act on the Control of Narcotics, etc.

A

Freeboard (prosecution, public trial), Kim Sung-sung (public trial)

Attorney B (Korean National Assembly)

December 20, 2013

A defendant shall be punished by imprisonment for five years.

The evidence No. 1 (Handphone 2.62g) of the Manyang District Prosecutors' Office, 2013, No. 127, shall be confiscated.

2,700,000 won shall be additionally collected from the defendant.

To order the defendant to complete the sexual assault treatment program for 40 hours.

The information about the defendant shall be disclosed and notified through the information and communications network for seven years (Provided, That the scope of disclosure and notification shall be limited to paragraph (2) of the judgment No. 2013 Ma4).

Criminal facts

[Attachment]

The Defendant, at the Changwon District Court on April 14, 201, sentenced one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and was not a person handling narcotics, who completed the execution of the sentence on July 21, 201.

[2013Gohap4]

1. Violation of the Act on the Aggravated Punishment, etc.;

(a) Crimes committed on December 31, 2012;

At around 21:30 on December 31, 2012, the Defendant administered the Mept Amine to minors by mixing approximately 0.03g of psychotropic drugs with water, and administering the Mepta, in a manner that is a minor E (the age of 17) with the arms of psychotropic drugs.

(b) A crime committed on January 6, 2013;

around 1:00 on January 6, 2013, the Defendant administered the Metetopian to minors by mixing approximately 0.03gg of psychotropic drugs, which were psychotropic drugs in a single-use injection machine, with water, and administering the Metetopian to the so-called Mete’s selling blood transfusion.

(c) A crime committed on January 6, 2013;

At around 4:00 on January 6, 2013, the Defendant: (a) administered Metepia cams to minors by mixing with water approximately 0.03g of psychotropic drugs contained in a disposable injection machine; and (b) administering them to the arms of H (the age of 17) who are minors.

(d) A crime committed on January 8, 2013;

On January 8, 2013, the Defendant administered the Metetopian medication to minors by mixing approximately 0.03g of psychotropic drugs, which are psychotropic drugs in a single-use injection machine, with water, at the Jamtopian located in Changwon-si, Changwon-si I, and by injecting them into the blood transfusion of the above E, who is a minor.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

The Defendant administered the Meteato E at the same time, at a place, as described in paragraph 1(a)(a) at the same time, and at the same time and place as described in paragraph 1(a), and provided the above E with a single sexual relationship, and provided KRW 120,000 in return.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

3. Violation of the Narcotics Control Act;

On January 15, 2013, the Defendant purchased approximately KRW 3.49g from L, a flapic medicine, for approximately KRW 2.5 million.

[2013Gohap47]

1. The Defendant, in collusion with M on January 7, 2013, purchased approximately KRW 5 g of psychotropic drugs in the vicinity of the Changwon-si, Changwon-si N, Changwon-si, and KRW 2.5 million.

2. Around January 7, 2013, the Defendant, at the Defendant’s residence toilet located in Changwon-si apartment Nos. 103 of Changwon-si, Masan-si, hereinafter referred to as “the Defendant”, dilution the psychotropic drugs with approximately 0.03g of psychotropic drugs in a disposable injection machine, and administered them in a way of injection to the Defendant’s arms.

3. Around June 11, 2013, the Defendant: (a) dilution of aquatic psychotropic drugs into Qelel P in Changwon-si P; (b) Disposable psychotropic drugs for the single-use injection machine; and (c) injected them into the Defendant’s arms.

Summary of Evidence

[2013Gohap44]

1. Defendant's legal statement;

1. Copy of each protocol concerning the examination of suspects of E and H by the prosecution;

1. AR statement;

1. Statement of prosecution seizure by prosecution;

1. The report on the outcome of a urinal inspection, the communication data reply, each request for appraisal, and the detailed statement of each currency;

1. Each report on investigation;

1. Photographs;

1. Previous convictions: Criminal records and investigation reports (Attachment of criminal records of a suspect A and confirmation reports on the date of recent release of the suspect A);

[2013Gohap47]

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspects of M;

1. Statement of prosecution seizure by prosecution;

1. Report on the preliminary test of narcotics;

1. The details of each currency, details of transactions, text messages;

1. Each report on investigation;

1. Photographs;

Application of Statutes

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, 4(1)1, and 2 subparag. 3(b) (excluding the choice of a limited term of imprisonment for each minor), Article 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (purchase of narcotics, the occupation of imprisonment for each minor), Articles 60(1)2, and 60(1)2, and 4(1)1, and 2 subparag. 3(b) of the Act on the Aggravated Punishment, etc. of Narcotics, Etc., Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The consideration of favorable circumstances deemed to be the following reasons for sentencing):

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 to complete programs;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order for disclosure and notification;

Articles 38(1)1 and 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse

Registration of Personal Information

Where a conviction on the crime of paragraph (2) of Article 2 of the former Act on the Protection of Children and Juveniles against the defendant is finalized, the defendant is a person subject to registration of personal information under Article 33 (1) of the former 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.

Reasons for sentencing

【Scope of Penalty in Law】

5 years of imprisonment, 25 years;

【Application of Sentencing Criteria】

[Basic Crimes] Article 1-A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( natives) of the Act on the Aggravated Punishment, etc. of Specific Crimes

Category 0: Type 3, such as drug crime group, trade mediation, etc.

○ Special Convicts: Special Aggravations (second convictions of the same kind)

○ Scope of Recommendations: Imprisonment for 5 years - 8 years (Aggravation)

[1] Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Nationality)] No. 1-B of the Decision No. 2013 Gohap44

Category 0: Type 3, such as drug crime group, trade mediation, etc.

○ Special Convicts: Special Aggravations (second convictions of the same kind)

○ Scope of Recommendations: Imprisonment of up to 5 years up to 8 years (up to 8 years);

[Concurrent Crimes] No. 1-C. of the Decision 2013Gohap44. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

Category 0: Type 3, such as drug crime group, trade mediation, etc.

○ Special Convicts: Special Aggravations (second convictions of the same kind)

○ Scope of Recommendations: Imprisonment for 5 years - 8 years (Aggravation)

【Scope of Recommendations revised according to Criteria for Handling Multiple Crimes】

Imprisonment for 5 years - 14 years 14 years - 1/2 of the upper limit of the sentence for the first concurrent crimes, and 1/3 of the upper limit of the sentence for the second concurrent crimes, respectively, within the upper limit of the sentence for the second concurrent crimes)

【Determination of Sentence】

The crime of this case is an unfavorable sentencing factor that the defendant has committed the crime of this case without being aware of the history of the same narcotics crime several times, and the fact that the defendant committed the crime of this case without being aware of the history of the crime of rape, despite the fact that the defendant led to the confession of the crime of this case and reflects his mistake in depth, and that the defendant is against his own health, and that the defendant's health is not good.

The presiding judge, judge, 00

Judges Lee Do-min

Judges Kim Gin-han