D. Screening of light, intimidation, and assault

The defendant shall be ordered to place employment restrictions (including operation and de facto labor) in institutions related to children and juveniles, etc. and welfare facilities for persons with disabilities for five years.

One unit of the seized Samsung mobile phone (SM-G965F/DS, No. 1) shall be confiscated.

The Defendant and the victim B (the age of 30) liveded with the foreigner of the Kazakhistan nationality from Kazakhistan to 1 year and 6 months, and the victim entered the Republic of Korea damaged by the Defendant on July 23, 2019 after he was hedging with the Defendant, and the Defendant entered the Republic of Korea to meet the victim on November 6, 2019.

1. Violation of the Act on Special Cases concerning Rape and the Punishment, etc. of Sexual Crimes on November 6, 2019 (hereinafter referred to as "ameras"),

On November 6, 2019, at around 23:0, the Defendant threatened the victim’s residence in Kimpo-si, Kimpo-si, to the effect that he would send the victim’s body photographs that he/she had, without having the victim go together with his/her own, to his/her family. Accordingly, the victim, who was fright, taken the victim’s body pictures into Kimpo-si, was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually and sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually, and the Defendant continued to have his/her sexual organ immediately and used the victim’s mobile phone camera function.

Accordingly, the defendant raped the victim and taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will.

2. Rape in November 10, 2019;

At around 15:00 on November 10, 2019, the Defendant: (a) sent a text message to the victim’s family members and members of the victim’s family to send video images taken as described in paragraph (1) without hearing the victim’s speech with his/her cell phone from Kimpo-si, Kimpo-si; (b) let the victim enter the above telecom; and (c) got the victim into the telecom; and (d) got the victim to look at the victim’s family members, including his/her children, into sexual intercourse and rape.

3. Intimidation.

Around November 12, 2019, the Defendant sent a message stating that “The Defendant shall capture the video images taken by the victim from his cell phone via his cell phone as described in paragraph (1) at the same time as the photograph of the screen images taken by the victim as described in paragraph (1) at the time of Kimpo-si, Kimpo-si, and then bring it into us now, or is too ever. Naohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

4. Violence;

A. On November 6, 2019, around 22:30 on November 6, 2019, the Defendant assaulted the victim, i.e., taking the victim’s head head, frighting the victim’s body photograph to send the victim’s family pictures to his/her family in his/her residence, and making him/her look at the victim’s right part by hand.

B. At around 02:00 on November 7, 2019, the Defendant assaulted the victim by putting the victim’s timber and head toward the scam with his hand, with the victim’s sexual ties and head, which is currently going to the victim’s sexual ties E.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each police station and prosecutor's protocol concerning B;

1. Photographs, letters sent by each suspect, the immigration status of each individual, and the list of cases reported by 112;

1. Investigation report (the relative investigation into the Domoel business run by a suspect);

1. Records of seizure and the list of seizure;

Application of Statutes

1. Article applicable to criminal facts;

Article 297 of the Criminal Act, Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a photographed by Kamera, a choice of imprisonment), Article 283(1) of the Criminal Act, Article 260(1) of the Criminal Act (a selection of imprisonment, a choice of imprisonment), Article 260(1) of the Criminal Act (a) of each

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes for punishment and punishment prescribed by the Act on November 6, 2019, with the largest punishment for the crime of rape];

1. Exemption from orders to complete programs;

The proviso of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (it is difficult to expect the effectiveness of diagnosis, consultation, and education following the order to complete a sexual assault treatment program conducted in Korean due to the lack of communication by Korean language to foreigners of the Republic of Korea, and the effectiveness of the diagnosis, counseling, and education due to the order to complete a sexual assault treatment program, and thus

1. Exemption from an order for disclosure and notification;

In full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, nationality, environment, previous offense, risk of recidivism recognized through the records and pleadings in this case, other benefits and preventive effects expected by the disclosure order or notification order in this case, and other relevant factors, there are special circumstances where the Defendant’s personal information shall not be disclosed or notified.)

1. An employment restriction order;

The main sentence of Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3(1) and (2) of the Act on Welfare of Persons

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than 45 years;

2. Scope of recommendations according to the sentencing criteria;

(a) Class I crime (Rape on November 6, 2019);

[Determination of Punishment] A. Violation of the General Criteria for Sex Offenses (subject to at least 13 years of age)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment for 2 years to 5 years

(b) Second crimes (Rape on November 1, 2019);

[Determination of Punishment] < by Act No. 1035, Feb. 1, 199; Act No. 1354, Feb. 2, 201>

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment for 2 years to 5 years

(c) A third crime;

[Determination of Punishment] 04. Intimidations [Type 1] General Intimidation

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 2 months to 1 year

(d) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two years and six months to seven years (the first crime + the upper limit of the second crime + 1/2 of the upper limit of the third crime + 1/3 of the upper limit of the third crime);

(e) Scope of the recommended sentences that are modified by the applicable sentencing guidelines: Imprisonment of labor for three to seven years (in cases where the lower limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory lower limit of the applicable sentencing guidelines, it shall be based on the statutory lower limit of the applicable sentencing standards); and

3. Determination of sentence;

Each of the crimes of this case was raped twice by the defendant, and the victim took the form of raped by the victim's body condition, and also threatened or abused the victim by taking advantage of it, which is very bad and highly likely to criticize the victim. Each of the crimes of this case appears to have been affected by considerable sexual humiliation and mental suffering, even though the victim appears to have been affected by considerable sexual humiliation and mental suffering, there was no recovery of damage, and the victim was humping the defendant's severe punishment.

However, the fact that the defendant recognizes the facts charged as a substitute and reflects it is favorable to the defendant.

In addition, all the factors of sentencing as shown in the trial process of this case, including the defendant's age, character and conduct, motive and means of the crime, and circumstances after the crime, etc., shall be determined as per the order.

Registration of Personal Information

In a case where a conviction is finalized against a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (where a judgment of conviction is finalized against a crime subject to the use of a camera, etc.), the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act. Meanwhile, in full view of the statutory punishment, nature, seriousness, etc. of each crime subject to registration and other crimes not subject to the registration of a sex crime and the statutory punishment, offense, and offense other crimes not subject to the registration of a sex crime pursuant to Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, the period of registration of personal information shall not be reduced.

Judges Kim Su-soo

Judges Park Jae-young