Defendant

Gangwon-hun and leather; public trial;

Law Firm Maritime affairs, Attorney Kim Byung-chul

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Seized evidence 7 shall be confiscated.

20,000 won shall be additionally collected from the defendant.

1. Violation of the Narcotics Control Act;

No person, other than a person handling narcotics, shall administer or provide a psychotropic drug cambacopon (one copon (one copon; hereinafter referred to as "copon").

A. On March 11, 2018, from around 01:35 to 03:50 on the same day, the Defendant administered phiphonephones by inserting the volume of opphones into the △△△ Hospital located in the “○○ Hotel” hotel located in the broad field (location omitted) for one-time use, and dilution them into the bloodline for one-time use, and administering phiphones by inserting them into the bloodline.

B. The Defendant, at the time, at the time, and at the place described in the above 1-A, injected phiphones in such a way as to put the phiphones into a single-use injection machine, dilution with biocom, and injection into the Nonindicted Party’s arms blood cells.

2. An indecent act against mentally ill persons;

At the time and place described in the above 1-A, the Defendant provided the victim non-indicted as described in the above 1-B, and provided the philopon to the victim as described in the above 1-B, had the victim resisted to commit an indecent act against the victim, by using the circumstances that the victim, who was in a state of weak ability to discern things or make decisions, due to drugs, resisted the victim to resist or refuse it, made the victim be promptly satched by the victim's sexual organ, made the victim satisd with his sexual organ, let the victim return to the satis, return to the victim to the satis, and added the satis to the victim's port, and then put the satis into the victim's satis by separating the satch of the shower sat.

Accordingly, the defendant committed an indecent act by force on a person with a weak disability who has the ability to discern things or make decisions due to drugs.

3. Larceny;

On March 11, 2018, around 04:08, the Defendant discovered one cell phone with approximately KRW 600,000,000 of the market price owned by the victim, which was owned by the manager of the above telephone, at the above “○○ Hotel” hotel room, and then stolen the victim’s △△△△△△.

4. Violation of the Road Traffic Act;

On March 11, 2018, at around 11:23, the Defendant driven a golf car (vehicle number omitted) in a state where, from the above “○○ Hotel” road to the Seoul Yeongdeungpo-gu ( Address 2 omitted), the Defendant administered the instant 9km in the 9km section as described in the foregoing 1-A, thereby making it difficult for the Defendant to drive the car normally due to drugs.

1. Defendant's legal statement;

1. The prosecutor’s statement of the Nonindicted Party

1. A written request for appraisal, and a written report on narcotics appraisal;

1. Each protocol of seizure and each list of seizure;

1. Investigation report (report on market price related to additional collection charges);

1. Photographs photographs of the non-indicted victim State, ○○ CCTV photographs, and each seized photograph;

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

Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 302 of the Criminal Act (the point of each philopon medication), Article 329 of the Criminal Act (the point of each thief), Articles 148-2(3), and 45 (the point of each thief) of the Road Traffic Act, Articles 148-2(3), and 45 (the point of each thalphon medication),

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 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 Narcotics Control Act

The Defendant and his defense counsel asserted that the Defendant was in a state of mental disorder at the time of committing the instant crime due to depression and depression. In full view of the circumstances such as the method and content of the instant crime, and the circumstances after committing the instant crime, which may be revealed by the evidence duly adopted and investigated by this court, the Defendant and his defense counsel did not have or lack the ability to discern things at the time of committing the instant crime, and thus, the above assertion by the Defendant and his defense counsel cannot be accepted.

1. Application of the sentencing criteria;

(a) Crimes under subparagraphs 1 and 2 (narcotics);

【Scope of Recommendation】

Paps. 3 Types 3 (f)(f) and (c) with respect to administered and simple possession(10-2 years).

【Special Convicted Persons】

None

(b) A third crime;

【Scope of Recommendation】

The mitigated area (4 to 10 months) for the theft of general property of category 2 (general larceny)

【Special Convicted Persons】

Members not subject to punishment

(c) The scope of final sentence due to the aggravation of multiple offenses: October to March 10;

(d) The scope of corrected recommendations: not less than ten months; and

Since the sentencing criteria are not set for the crimes of indecent act against mentally ill-disabled persons and the crimes of violation of the Road Traffic Act, with respect to the concurrent crimes of Article 37 of the Criminal Act between the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set, the lower limit shall be based on the lower limit of the sentencing range in accordance with

2. Determination of sentence;

The following various circumstances and the defendant's age, character and conduct, career, home environment, motive and means of crime, and circumstances that constitute the conditions for sentencing as shown in the argument of this case, shall be determined as ordered by taking full account of the following circumstances.

【Unfavorable Circumstances】

The Defendant committed the instant crime even though he had the record of being sentenced to a suspended sentence of imprisonment due to the violation of the Act on the Control of Narcotics, etc., and the Defendant committed the instant crime, and the Defendant committed the instant crime, along with his own, provided that the Nonindicted Party, who entered the telephone, administered the instant indecent act by a person with mental disability. The instant indecent act by a person with mental disability committed the instant indecent act by a victim, who administered a phiphonephone, as soon as he gets the victim’s sexual organ into the victim’s resistance and injecting his sexual organ into the victim’s resistance, in order to put the victim’s anus into the victim’s anus, and thereby, is not guilty.

【Free Circumstances】

When the defendant is late in this court, the defendant made a confession of all of the crimes of this case and is against the law, and the defendant's legal representative has agreed that only the legal representative of the victim of the crime of indecent act against mental or physical disability and the victim of larceny would have agreed that the legal representative does not want the punishment

Where a conviction becomes final and conclusive on a crime committed against a person with mental disability who is a sex offense subject to registration, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to provide personal information to the competent agency pursuant to Article 43 of

On the other hand, when comprehensively considering the punishment of the crime of an indecent act against a mentally disabled person and the crime of the remaining crime in which personal information is the cause of the registration of personal information, it is not deemed that there is any circumstance to set the registration period of personal information more short than the period according to the sentence pursuant to Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure and notification order, and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the Defendant is determined to have special circumstances that may not disclose and notify personal information or restrict employment. Thus, the Defendant is not subject to disclosure order, notification order, and employment restriction order.

Judges Kim Jong-soo