A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On April 8, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. at the Busan High Court, and completed the execution of the sentence in the Busan Correctional Institution on November 9, 2017.

【Criminal Facts】

1. Around November 23, 2017, the Defendant assaulted the Victim D (Inn, 42 years of age) and drinking alcohol within C main points located in B at a macro-si on November 9, 2017, the Defendant: (a) discovered the victim entering the main female toilet; (b) drive away the victim; and (c) took away the part of the victim’s part of clothes under the lower part of the part of the victim’s timber; and (d) took the victim over the floor, leading the victim who was in an insular room located adjacent to the toilet.

2. The Defendant, at the time and place specified in Paragraph 1, took the victim into the above scam room as above, sealed the alcohol residues on the table, and then threatened the victim’s face as follows: (a) sound “Scaming must be dead, B,” and sound two strings, which are dangerous objects, as the victim’s face.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Reports on internal investigation (victim's statement, etc.);

1. Each report on investigation;

1. Previous for judgment: Application of criminal history records, inquiry reports, and investigation reports (the confirmation of crimes during the period of repeated crimes)-related Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One month to eighteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing guidelines of the Supreme Court;

(a) Class 1 (Special Intimidations) (Special Intimidations) / 04. Intimidations / [Type 4] / Special Intimidation (Special Intimidations) / Recommendations and Recommendations