(영문) 부산지방법원 2013.5.10.선고 2012고합1149 판결

Defendant shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding 10,000,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

0.65g of philophones contained in a seized folder (No. 1), 0.24g (No. 2), 3 disposable injection equipment used (No. 3, 4, and 5), 2 disposable injection equipment (No. 6 and 7), and 15 non-use disposable injection equipment (No. 8) covered by philophones, respectively.

3,300,000 won shall be additionally collected from the defendant.

The amount equivalent to the above fine and the additional collection charge shall be ordered to be paid provisionally.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime (2012 Highest 1149)

The defendant is not a person handling narcotics.

1. 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 (D) of May 29, 2012

At around 03:00 on May 29, 2012, the Defendant administered 0.03 gramphones by inserting approximately 0.03 g of psychotropic drugs in a single-time injection unit and mixing water into the left part by inserting approximately 0.03g of psychotropic drugs at the Mocheon-dong located in Busan, Busan, the Defendant paid 10,000 won in return.

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

B. Crimes (D) of May 30, 2012

On May 30, 2012, the Defendant administered approximately 0.03 gramphonephones in the same manner as the preceding paragraph from the cross-dissecting telephones located in Nam-gu, Busan at the time unfolding telephones, provided that the Defendant administered approximately 0.03 gramphones in the same way as that of the foregoing D and paid KRW 100,000 in return.

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

C. Crimes of June 2, 2012 (D, E)

At around 02:00 on June 2, 2012, the Defendant administered approximately 0.03 gramphonephones in the same manner as the preceding paragraph from the cross-dissected telephones located in Gangseo-gu Seoul Metropolitan Government, and administered approximately 0.03 gramphones to minor E (the age of 16), and the above D respectively in the same manner.

After that, the Defendant, along with the child-friendly F who found in the above telecom, had sexual intercourses with the above E and D, and paid 20,000 won in return.

Accordingly, the defendant administered philophones, administered philophones to minors, and conspired with F to purchase the sex of juveniles.

(d) Crimes (E) committed on June 2012.

On June 1, 2012, the Defendant administered approximately 0.03 grams in the Hel in Gangseo-gu Seoul Metropolitan Government, using the same method as the preceding paragraph, administered 0.03 grams in the same manner with the said E, and paid 200,000 won in return.

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

E. Crimes of June 16, 2012 (E, ID)

On June 16, 2012, at around 01:00, the Defendant put about 0.03g of oponon from the Defendant’s BM car parked in Blackdong, Dongjak-gu Seoul Metropolitan Government to the left-hand, and made the Defendant administer oponon in a way that the Defendant, who is not aware of the fact, sent it to I (the age of 15) who is a minor, to copon.

On June 16, 2012, the Defendant administered approximately 0.03g of oponphones in the same manner as that of the preceding paragraph from the cross-dissected telephones located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu, and administered approximately 0.03g of oponphones to the above E in the same way, and has a sexual relationship with the above E once, and paid KRW 200,000 in return for the similarity by using adult goods (i.e., women's self-consector, one-consector).

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

(f) Crimes (E) committed on June 2012.

On June 2012, the Defendant administered approximately 0.03 grams in the manner described in the preceding paragraph from the H model above, and administered 0.03 grams in the same way to the above E, and paid 200,000 won in return.

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

(g) Crimes of July 1, 2012 (E);

On July 1, 2012, the Defendant administered approximately 0.03 grams of opphonephones in the same manner as that of the preceding paragraph at the Macheon-si Macheon-si Macheon-si Macheon-si Macheon-si Macheon-si Macheon-si, Seoul, and administered approximately 0.03 grams of opphonephones to the above E in the same way, and paid KRW 200,000 in return.

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

(h) Crimes (E) committed on July 2012.

On July 2012, the Defendant administered approximately 0.03 grams in the same manner as the preceding paragraph at Lane located near the K Bus Terminal located in the city of Busan, Busan, on July 3, 2012, and administered approximately 0.03 grams in the same way as E, and paid KRW 200,000 in compensation for E.

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

(i) Crimes of Lieutenant (E) on August 2012.

On August 2012, the Defendant administered approximately 0.03 gramopon at the Hemotoon, in the same manner as the preceding paragraph, and administered approximately 0.03 gramopon to E in the same way, and paid KRW 200,000 in compensation for the sexual relationship with E.

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

(j) Crimes (E) dated September 22, 2012

On September 2, 2012, the Defendant administered approximately 0.03 grams in the instant Hmophones in the same way as the preceding paragraph, administered approximately 0.03 grams in the same way to E, and paid 200,000 won in consideration of E, after having sexual intercourse with E.

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

(k) Crimes (E, M) dated 25 October 2012

At around 17:20 on October 25, 2012, the Defendant administered approximately 0.03 gramphonephones in the same manner as the preceding paragraph, administered approximately 0.03 gramphones in the same way to E, and made sexual intercourses with E and E-friendly juvenile M (n, 16 years of age) in order, and paid KRW 100,000 for each of them.

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

(l) Crimes (E, M) dated 3, 2012

At around 06:00 on November 3, 2012, the Defendant administered approximately 0.03g of oponphones in the same way as the preceding paragraph at the mutual influence near the New Hotel located in Busan Metropolitan City, and administered approximately 0.03g of oponphones to E in the same way, and paid KRW 50,000 for each of them in E and in order with E.

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

(m) Crimes (E) of November 13, 2012

On November 13, 2012, the Defendant administered approximately 0.03g of oponphones from the cross-dissectel located in Jinju-do in the same manner as the preceding paragraph, and administered approximately 0.03g of oponphones to E in the same way, and paid KRW 100,000 in compensation for the sex relationship after having given the sex relationship.

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

2. Violation of the Narcotics Control Act;

(a) Medication on April 2012;

On April 2012, the Defendant administered philophones in a way that 0.03gopon clopon copon copon copon around the N hotel located in Busan Shipping Daegu, by hanging in beer with a copon copon.

(b) Medication on May 2012.

On May 2012, the Defendant administered clophones by inserting approximately 0.03g of clophones into a single-use clogram in the middle and unfolding telephones around the N hotel and mixing it with water to the left arms.

On May 2012, the Defendant administered approximately 0.03g of philophones in the same manner as that of the preceding paragraph from the cross-dissected telephones located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu, Gangseo-gu.

(d) Medication on July 2012.

On July 2012, the Defendant administered approximately 0.03 grams of oponon in the Defendant’s BMW car parked in the Adong underground parking lot of Gangseo-gu Seoul Metropolitan Government P building, in the same manner as the preceding paragraph.

(e) Medication on November 11, 2012.

On November 1, 2012, the Defendant administered approximately 0.03 grams of opphonephones in the same manner as the preceding paragraph in the Defendant’s BMW car parked in the above P building A-dong underground parking lot.

(f) Handphones;

On November 14, 2012, around 14:53, the Defendant carried approximately 0.89g of opphonephones by inserting approximately 0.65g of opphones and two opphones containing approximately 0.24g of opphones in front of the Defendant’s seat in the seat of the seat of the passenger ship located in the Gangseo-gu Busan Metropolitan City, 2350 Gimhae Airport No. 2350, 2012.

(2013 Gohap190)

3. Violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.

The defendant is the representative of (main Q Q in heading 1107 of the Gangseo-gu Seoul Metropolitan Government P building A, who has been engaged in game development business by using 47 regular workers.

The Defendant, around November 10, 2012, worked for the pertinent company as an employee from August 29, 2011 to October 26, 2012, and did not pay KRW 10,016,128,3,417,210 in total of the wages of 40 workers as stated in the attached Form, as stated in the statement of arrears, including KRW 137,531,606, and the total of KRW 108,84,170 in total of the retirement allowances of 40 workers, as well as KRW 137,531,60, and KRW 108,84,170 in total, from the date of retirement to October 26, 2012.

Summary of Evidence

(2012 Gohap1149)

1. Defendant's legal statement;

1. Each prosecutor's protocol of suspect examination of D, E, and F;

1. A protocol of seizure conducted on November 14, 2012;

1. Report on investigation by each prosecutor (in relation to the training of urine-Mempists, verification of the appraisal of narcotics, and calculation of additional collection charges);

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

(2013 Gohap190)

1. Defendant's legal statement;

1. A written appeal, a written statement, and a written statement of the respondent's agent;

1. A written calculation of average wages and retirement allowances;

1. Details of confirmation of telephone or other facts;

1. Details of arrears and detailed statement of deposit transactions;

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, Article 58(1)7, Article 4(1), and Article 2 subparag. 4(b) (Article 11(1) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10768, Jun. 7, 201; hereinafter the same shall apply), Article 11(1)7, Article 4(1), and Article 2 subparag. 4(b) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10768, Jun. 7, 201); Article 10(1)7 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 1070, Jun. 1, 201; hereinafter the same shall apply); Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, etc. of Children and Juveniles

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2 and 3, and Article 50 (Concurrent Imposition of Fine for Concurrent Punishment, etc. of Specific Crimes against I on June 16, 2012 with respect to the crime of violation of the Act on the Guarantee of Workers' Retirement Benefits against U.S. with the largest number of offenses and crimes of violation of Article 38 (1) 2 and 3, and Article 50 (Concurrent Imposition of Fine for Concurrent Punishment, etc. of Specific Crimes against I on June 16, 2012) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (with respect to imprisonment, consideration of favorable circumstances among the following reasons for sentencing):

1. Invitation of a workhouse;

Articles 70 and 69(2) 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 former Act on the Control of Narcotics, Etc. and the proviso of Article 67 of the Narcotics Control Act

[Based on the computation] 33 times of the number of times of X medication in which the transaction price of 0.03 grams per 10,000 won is 0,000 won (=15 times of the administration by the minor + 18 times of the administration by the defendant) = 3.3 million won

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

The main text of Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

[Scope of Punishment] Imprisonment of 5 to 22 years, fine of 30 million won or less

【Scope of Recommendation】

○ Basic Crimes: Violation of the Aggravated Punishment, etc. of Specific Crimes Act

[Determination of Types] Narcotics Crimes, Sales Mediation, etc., Narcotics, Flavokings, Items A. (Type 3)

[General Convicts] - Reductions: General Investigative Cooperation

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

○ The first and second concurrent crimes: the same shall apply to the above crimes.

○ Scope of recommended punishment revised according to the guidelines for handling multiple crimes: Imprisonment with prison labor for not less than five years;

The scope of recommendation that is modified according to the criteria for dealing with multiple crimes to which the sentencing guidelines apply shall be limited to 4 years (minimum limit of basic crimes) to 12 years (= maximum seven years of basic crimes + 3 years and 6 months (= maximum seven years of general crimes + maximum 7 years of general crimes x 1/2) + 2 years and 4 months (= maximum 7 years of general crimes x 1/3)]. However, the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) against which the sentencing guidelines are not applicable, the Labor Standards Act, the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.), the violation of the Act on the Guarantee of Workers' Retirement Benefits, and the lower limit of the sentence range recommended by the sentencing guidelines is lower than the statutory applicable sentencing range. Thus, the statutory applicable sentencing range is set at the lowest limit

[Determination of Sentence] Five years of imprisonment, fine 10 million won

In light of the fact that the Defendant administered and possessed philophones, and 15 years old and 16 years old, the Defendant committed several sexual purchasing acts against the female juveniles who are only 15 years old and 16 years old, and in the process, all the female juveniles have administered philophones over 15 times and have sexual intercourses, and the nature of the crime is serious. The Defendant, despite the social responsibility to protect minors, has yet to be punished strictly by the Defendant in light of the following: (a) the Defendant administered philophones to the female juveniles who have yet to be mentally familiar with the purpose of pursuing the sound mental and physical growth of the juveniles; and (b) the Defendant did not have much amount of wages and retirement allowances unpaid to the employees.

However, under favorable circumstances such as the fact that the defendant led to the confession of all of the crimes in this case, and actively cooperates in the investigation while covering and reflecting his mistake, the fact that there is no particular criminal power except that sentenced to a fine for violating the Health Functional Foods Act, the fact that the defendant, who administered a phiphone, seems to have had the record of administration of phiphones, and that the reason why the payment of wages and retirement allowances was due to the management of the company, etc., the punishment as ordered by the order shall be determined by taking into account the various sentencing conditions shown in the arguments in this case, such as the defendant's age, character and conduct, family relationship,

Registration of Personal Information

Where a conviction becomes final and conclusive on a crime committed in violation of the Act on the Protection of Children and Juveniles from Sexual Abuse in a judgment that is a sex offense subject to registration under the Act on the Protection of Children and Juveniles from Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 33 (1) of the above Act and is obligated to submit personal information to the competent agency pursuant to Article 34