2012 Gohap1251 Violation of the 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.

2013Gohap245(combined) Act on the Control of Narcotics, etc. (Psychotropic)

A

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

Attorney at Law (Korean National Assembly)

May 3, 2013

A defendant shall be punished by imprisonment for seven years.

13,900,000 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 a sexual assault treatment program for 120 hours.

Criminal History Office

【Criminal Power】

On October 6, 2009, the Defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, etc. at Busan District Court on August 9, 2010 and completed the execution of the sentence in Busan Detention Center.

[2012Gohap1251]

The defendant is not a person handling narcotics.

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

A. Crimes of May 27, 2012 (YO)

At around 22:00 to 23:00 on May 27, 2012, the Defendant injected approximately 0.03 grams with the above yellow ○, and paid KRW 200,000 in return, by inserting psychotropic drugs into a single-time injection machine, and mixing them with water into the arms blood line of YO (16 years old).

As a result, the defendant administered philophones to minors and had them purchase the sex of juveniles.

(b) Crimes (O) of May 28, 2012

On May 28, 2012, at around 03:00, the Defendant administered a penphone in a manner that enables minor O (the age of 16) to malopon by mixing about 0.03 grams with water at the 00-dong, Busan, the Dong-gu, Busan, and then let the above 00 mopon rapidly, and paid KRW 100,000 in consideration thereof. Accordingly, the Defendant administered a penphone to a minor, and had the minor purchase the sex of the juvenile.

2. 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 (O) of May 30, 2012

On May 30, 2012, the Defendant, on May 30, 2012, 200, injected phiphones by inserting the volume of phiphones into a single-use injection terminal located in the Nam-gu Busan Metropolitan Government 00-dong, mixing with water, and administering phiphones in the manner of injecting them into the arms blood line of ○○○○ (minors listed in the preceding paragraph 1-B), and administered phiphones in the same manner with the Defendant’s arms blood line, and paid 200,000 won in return.

Accordingly, the defendant administered philophones, administered philophones to minors, and sloak juveniles.

B. Crimes of July 6, 2012 (Maximum○)

At around 03:00 on July 6, 2012, the Defendant administered philophones by inserting the volume of philophones into a single-use injection machine located in the Busan Mandong-gu, Busan 00, and mixing them with water to the Defendant’s arms. After administering the volume of philophones in the same manner as the part of the arms blood cells of the minor ManO (n, 15 years old), the Defendant paid 200,000 won in return.

Accordingly, the defendant administered philophones, administered philophones to minors, and sloak juveniles.

3. Violation of the Narcotics Control Act;

(a) Sale of Handphones on January 31, 2012;

On January 31, 2012, at around 20:30, the Defendant sold 2 a disposable injection equipment, which contains approximately KRW 0.7g of philopon, to D in the toilet for the first floor of the Kimhae Airport located in Gangseo-gu, Busan, Busan, about 00,000 won.

Accordingly, the defendant sold approximately 1.4g philophones to D in KRW 6.5 million.

(b) Sale of Handphones on June 21, 2012 or on June 22, 2012;

Around June 21, 2012 or June 22, 2012, the Defendant sold 2 a one-wheeler 3,000,000 won, which contains approximately 0.7g philopon, to D in the color car, which was stopped in a non-fluence area below the surface of the Kimhae-si. Accordingly, the Defendant sold 1.4g gramlopon to D. The Defendant sold 1.4g gramlopon on June 29, 2012.

Around 22:50 on June 29, 2012, the Defendant sold a disposable injection device with approximately 0.7 grams to E in the waiting room located in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Seoul, for KRW 3.8 million. Accordingly, the Defendant sold approximately 0.7 grams to E for approximately 3.8 million.

[2013Gohap245]

The defendant is not a person handling narcotics.

On July 2012, at around 14:00, the Defendant received KRW 100,000 from F, which was parked in the vicinity of 00 SM5-dong, Busan, and provided F with approximately KRW 0.03 grams of 0.03 gramopon to F, which was parked in the vicinity of 00-dong, Busan.

Summary of Evidence

[2012Gohap1251]

1. Partial statement of the defendant;

1. Each legal statement made by the witness ○○, ○○, and ○○○○;

1. Each prosecutor's protocol of examination of the suspect about ○○, ○○, ○○, ○○, D, and E;

1. Each prosecutor's statement concerning D;

1. Each family relation certificate (YO0, LO00, LO);

1. A criminal investigation report (Analysis of the results of the appearance appraisal, No. 8), investigation report (Attachment to a copy of the details of transactions of deposits in and out of the deposit account inD related to this case), investigation report (Confirmation of the details of transactions in the bank account in the name of Korea related to the investigation of a suspect A and confirmation of the contents of telephone conversations between A and D), and investigation report (suspect E);

With respect to voluntary submission of the details of account transactions in the name of the agricultural cooperative, investigation reports (attached to a copy of 00 copies related to this case) and investigation reports (related to the calculation of additional charges)

[2013Gohap245]

1. Defendant's legal statement;

1. Notification of the results of appraisal of narcotics, and notification of the results of appraisal of narcotics, etc.;

1. Investigation report (Attachment of a written statement of reference);

【Prior Records at the Time of Sales】

1. Criminal records;

1. Investigative report (Attachment of criminal records of the same kind of crime committed by a suspect A), and the status of personal identification and confinement;

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 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 fact of administering, trading, and providing a phiphone, the point of choosing imprisonment), Article 10(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact of purchasing juvenile 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 apply to each violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Crimes within the scope of the proviso of Article 42 of the Criminal Act) of the Criminal Act [Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes as of May 30, 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. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the ground for calculating the amount of additional collection: 600,000 won (10,000 won for the first medication of oponphones x 6 times) + 13,30,000 won for the purchase of opon (6.5 million won + 3 million won + 3.8 million 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.

Judgment on the argument of the defendant and defense counsel

1. Seeking on the crime of medication of phiphones and the crime of medication of phiphones for minors;

A. Summary of the assertion

The Defendant did not administer philophones, and did not administer philophones to ○○○, ○○○, and ○○○○○○○○○○. The Defendant’s coordinates was almost real names, and the Defendant’s urine was a dead force to the extent that only things are distinguished, so it is difficult to administer philophones or administer philophones by finding the blood source. Moreover, the Defendant made false statements with the intent to punish the Defendant by entrusting the Defendant with a third party. Thus, the Defendant’s urine ○○, ○○, and ○○○ was not reliable.

B. Determination

In light of the following circumstances acknowledged by the evidence adopted and examined by the court, each statement made at the investigation agency and court of 00, 00, ○○○○, and ○○, respectively, are reliable. Comprehensively taking account of the evidence different from the statement made by the Defendant, the Defendant’s and the defense counsel’s assertion on this part cannot be accepted, since the Defendant’s and the defense counsel sufficiently recognized the fact that philophone was administered as recorded in the facts constituting the offense in the judgment, and that

1) Each statement in the investigative agency and court of the Y0, 00, Y0, ○○○, ○○○○, ○○○○○○○○, has a little difference in the detailed parts. However, as follows, a relatively concrete and consistent statement is made regarding the following major matters: (a) the Defendant was administered with a phiphone, the background leading up to the sexual intercourse with the Defendant; and (b) the physical condition after the administration of a phiphone. Such statement is considerably reliable because it is difficult for the Defendant to make a statement without having experienced himself/herself.

A) Circumstances leading up to the occurrence of the defendant

① On May 2012, ○○ stated, “G was first sent to the Defendant at around 00: G in front of the Busan Station, the Defendant, along with a passenger car, went to the Busan dong-gu 00 mother, and after having arrived to the motherel, G left the low-gu 00 motherel room.” “I have sexual intercourse with the Defendant, G and the Defendant, who called her her her her her her her her her her her her her her her her her her her her her her her her her her, and this her her her her her her her her her her her her her her her her her her her her her.” ② This her her her her her her her her her her her was called to go to the Busan her her from May 2012, and made a statement to the Defendant and the Defendant her her her her her her her her her...

B) The circumstances leading up to the administration of philophones and the Defendant’s sexual intercourse

① Yellow ○○ stated that “○○ was a cleaning agent in a bath, and the Defendant was boomed with his arms. Then, the Defendant and the Defendant were frightened with her frighten, and her frightened with her frighten, and the Defendant and frightend with her frighten in a room other than G and her frighten with her frighten.” ② This ○○ stated that “When the Defendant first met her frighten, the Defendant frightened her frighten, and her frightened with the Defendant’s frighten in a frightench, and her frighten was frightened with the Defendant’s frighten, and then she made a statement that he had been frightened with the Defendant’s frighten.”

C) After the administration of a philoopon, this ○○ stated, “The Defendant did not have any special sense when she dices that she wale in the water.” “When the Defendant was taken a balon to the water, she baloned the balon and faloned the balon. The light baloned and baloned. The light baloned. The balon balon balon balon balon balon balon balon balon balon balon balon balon.”

D) D was introduced from the Defendant, and the Defendant met her her fluencing her fluor (referring to her philopon). The introduction was made her fluorcing her fluor Busan, and her fluorcing her her fluorcing her fluorcing her fluor, and her fluorcing her her fluorcing her fluor. The Defendant was her fluorcing her her fluor, and her fluorcing her at night. At now, three names (referring to the Defendant, her fluor, her

The phrase "..........." and "in the Republic of Korea around June 2012, 2012, through Y00 and ○○○○○○○○○○○○, the Defendant, provided that there was a sex-related relationship with the Defendant........., it conforms with the above statement of 00 and 00.

E) As a result of the verification and test of philophones on the hair taken from yellow ○○○, there was a reaction of philophones in the part presumed to be the hair of a policeman from May 2012 to August 2012 (Evidence No. 139 pages). As a result of the verification and test of philophones on the hair taken from this ○○○, there was a reaction of philophones in the front part of the hair taken from May 2012 to October 30, 2012 (Evidence No. 644 pages of evidence record).

2) Other circumstances

A) Although the Defendant is found to have been found to have suffered from visual disorder 3 due to visual disorder in both fields, in light of the fact that the Defendant merely appears to have many inconvenience in daily life due to such visual disorder, not to fully lose the eyesight of both fields, and that the Defendant was punished by imprisonment due to the administration of visual disorder several times even after he/she suffered from visual disorder, it is difficult to readily conclude that the Defendant is unable to administer phiphones by means of injection to the bloodline, and that it cannot be administered to minors.

B) The evidence submitted by the Defendant alone is difficult to view that ○○○, ○○, and ○○○○ made a false statement with a third party for the purpose of punishing the Defendant, and there is no other special circumstance that conforms to the Defendant’s legal action. In particular, it is difficult to see that ○○ made a false statement with the intent of having the Defendant punished even when she voluntarily surrenders himself/herself to the prosecution, and that she led to the confession of the Defendant, such as the crime of medication on one’s own penphones. It is difficult to view that ○○ made a false statement with the intent of having the Defendant punished the Defendant

2. Claims on crimes of sexual traffic against juveniles;

A. Summary of the assertion

The defendant was engaged in sexual intercourse with the above 00, 00, 100, 200, 200, but at the time, the defendant did not know that the other women were juveniles.

B. The judgment, scam, hamba, hamba, hamba, hamba, hamba, hamba, hamba, and hamba hamba,

그러나, 이 법원이 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 ① 황○○는 1995. 11. 1.생, 이○○은 1996. 1. 28.생, 최○○은 1997. 2. 12.생으로 피고인을 만났을 당시 중학교 3학년 또는 고등학교 1학년에 해당하는 만 15세, 16세에 불과하였고, 기록에 첨부된 위 미성년자들의 사진, 이 법정에서의 증언 당시 위 미성년자들의 외모, 법정 태도, 진술 내지 대화 방식 등을 살펴보더라도 위 미성년자들은 상당히 어려 보여 성인보다는 청소년에 가까운 것으로 보이는 점, ② 피고인은 자신이 알고 지내던 G를 통해 황○○, 이○○과 만나게 되었고, 위 황○○를 통해 최○ ○과 만나게 되었는데, 황○○, 이○○은 G가 자신들이 미성년자임을 알고 있었으므로 피고인도 자신들의 나이를 알고 있었을 것이라는 취지로 진술하였고, 최00도 황00가 피고인에게 자신의 나이를 알려준 것으로 알고 있다는 취지로 진술한 점, ③ D은 "저는 처음에 황00, 이○○이 21살이라고 하여 그렇게 알고 있었는데, 나중에 애들이 18살이라고 해서 깜짝 놀랐다. 그래서 왜 속였냐고 화를 내었더니, 황○○가 피고인이 나이를 말하지 말고 21살이라고 하라고 시켜서 그랬다고 말하였다."라고 진술하고 있는 점, ④ 황○○, 이○○, 최○○은 가출한 상태에서 주로 인터넷 채팅을 통해 그 대가로 10만 원 내지 20만 원을 제시하여 여러 차례 조건만남을 하였고, 이는 뚜렷한 직업을 가질 수 없는 가출 청소년의 경우에 빈번히 발생하는 일인 점 등을 종합하여 보면, 황00, 이00, 최00 이 피고인에게 나이를 말하지 않았다고 하더라도 피고인은 이 사건 각 범행 당시 위 황○○, 이○○, 최○○이 청소년이라는 사실을 적어도 미필적으로나마 인식하고 있었다고 봄이 상당하다. 따라서 피고인 및 변호인의 이 부분 주장은 받아들이지 아니한다.

Reasons for sentencing

[Scope of Punishment] Imprisonment from 5 to 25 years.

【Determination of Punishment】

The point of administration of philophones for each minor: Narcotics crimes, trade, good offices, etc., Type 3 (Narcotic drugs, class 1 (a), etc.).

- The point of each philophone medication: Narcotics crimes, medication, simple possession, etc., and the point of trade and provision of phiphones in Type 3 (f) and each philophones: Narcotics crimes, trade and good offices, etc., and Type 2 (b) and class 2 (b) and (c).

[Special Escopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics (scopic scopic scopic scopics more than three years): Imprisonment for four years

- The point of each philophone medication: Imprisonment with prison labor for up to three years (up to a double area);

- Trading and provision of philophones: Imprisonment with prison labor for a period of one year and six months from six months to four years (aggravated area);

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

[Determination of Sentence] The fact that the Defendant 7 years imprisonment with prison labor runs down and reflects his mistake against some crimes, such as the purchase and sale of phiphones, and that the Defendant cannot be deemed to have administered phiphones by force against the will of the minor. The above YO and ○○○○ appears to have had the record of administration of phiphones before committing the instant crime, etc., may be considered as favorable to the Defendant.

However, the Defendant has administered, traded, and provided philophones over several occasions, and has a great social hazard therefrom, and the Defendant has to protect juveniles so that they can have a sound sexual sense and awareness. However, in light of the method and form of each crime in the judgment of the court, such as administering philophones to juveniles and engaging in sexual traffic in the state of decilation, etc., the crime is very poor; the administration of philophones to minors is highly likely to cause severe harm to minors’ physical and physiological functions; it also causes considerable harm to minors’ growth as healthy members of society; the Defendant has been punished for psychotropic drugs-related crimes on several occasions; the Defendant committed each of the crimes in this case during the period of repeated crimes for which two years have not passed since he was sentenced to imprisonment for the same kind of crime.

The punishment as ordered shall be determined by taking into consideration such circumstances and all other circumstances as the defendant's age, character and conduct, environment, method and background of crime, circumstances after crime, etc.

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