Defendant

The Hong Young-young (Public Prosecution), Kim Jong-hun, and Kim South (Public trial)

Attorney Wh Jeong-sik (Korean)

A case name: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Kidnapping, Inducement, etc. for Profit) and 1) Violation of the Act on the Protection of Children and Juveniles against Sexual

A defendant shall be punished by imprisonment for eight years.

The disclosure of information on the accused shall be made public through the information and communications network for ten years (Provided, That the summary of the sexual assault crime against children and juveniles being made public is limited to the crimes No. 1 and No. 3 of the ruling

Information about the accused shall be notified for ten years (Provided, That the summary of the sexual assault crime against children or juveniles notified shall be limited to the crimes No. 1 and No. 3 of the ruling).

To the person subject to the request for attachment order, a location tracking electronic device shall be attached for ten years.

Matters to be observed shall be imposed on the person subject to the request for attachment order as shown in the attached Form.

【Criminal Facts】

Defendant and the person subject to a request for attachment order (hereinafter referred to as “Defendant”) introduced a phone call to commit indecent acts against people interested in model activities, such as submitting a model application to the Internet model, and introduced him/her under the name of ○○○○, with an intention to commit an indecent act, and then selected a model to operate the Internet shopping mall.

1. Victim Nonindicted 1

A. At around 14:30 on July 28, 2012, the Defendant: (a) inducedd the victim Nonindicted Party 1 (age 16, female) who is a juvenile in Suwon-gu, Suwon-si, Suwon-si, to commit an indecent act; (b) went into the warehouse of Suwon-si, Suwon-si (hereinafter address 1 omitted); and (c) went into the warehouse of Suwon-si, Suwon-si (hereinafter address 1 omitted); and (d) went into the warehouse of Suwon-si, Suwon-si, Suwon-si; (c) put the victim into the shoulder, knife the knife the knife, knife the knife the knife, knife the knife the knife, knife the knife the knife, knife the knife, knife the knife; and (d) committed an indecent act against the victim.

Accordingly, the defendant inducedd the victim for the purpose of indecent act and commits indecent act by deceptive means.

B. At around 14:50 on March 13, 2012, the Defendant: (a) posted a phone to Nonindicted Party 1, a juvenile, for the purpose of committing an indecent act; (b) sent the phone to the victim Nonindicted Party 1, who was the juvenile, and sent the phone to the juvenile, “I would not actively take the audience at once; (c) was selected on the model of the shopping mall operated by the inside and outside of the family; (d) the employees would take a photograph; (c) the employees would be able to take a shooting; (d) the employees would be able to take a shooting; (d) the employees would be 506 Mobel; (e) the Defendant was unable to take a business practice; and (e) the Defendant was laid on the part of the victim’s chest and shoulder part; and (e) the Defendant she was raped with the victim by taking the victim’s panty to the extent that the victim was panty with the victim’s panty.

Accordingly, the defendant inducedd the victim and rape by fraudulent means for the purpose of indecent act.

2. Victim Nonindicted 2

On November 16, 2012, the Defendant 16:50 on November 16, 2012, 2012, sent the victim Nonindicted Party 2 (year 41, n) phone calls to the victim for an indecent act, and sent the model interview as above, and moved the victim Nonindicted Party 2 to the warehouse next to Suwon-si, Suwon-si (hereinafter address 1 omitted).

Accordingly, the defendant enticed the victim for the purpose of indecent act.

3. Victim Nonindicted 3

On 16:30 on 08, 2012, the Defendant: (a) sent the victim Nonindicted 3 (years 14 and 14) who was a juvenile in front of the Suwon-si, Suwon-gu, Suwon-si, Suwon-si (hereinafter address 1 omitted) to the store adjacent to the Suwon-si (hereinafter address 1 omitted); (b) “In order to make a model, the Defendant shall move to the victim”; (c) was the victim was the victim, was the victim’s hys, was the victim’s hys, was the victim’s chest, fry, and leg was the victim’s hys; and (d) the Defendant committed indecent act by deceiving the victim’s chest, fry, and leg.

Accordingly, the defendant inducedd the victim for the purpose of indecent act and commits indecent act by deceptive means.

【Fact of Grounds for Request for Attachment】

As above, the Defendant committed a crime against a minor under 16 years of age, and is likely to recommit a sexual crime.

1. Defendant's legal statement;

1. Each police statement on Nonindicted 3, Nonindicted 2, and Nonindicted 1

1. Each investigation report (Evidence Nos. 1, 7, 9, 13, 19, 21) and letters, etc. listed on Internet page;

1. On-site and CCTV photographs;

1. The risk of repeating a crime as indicated in the judgment: (a) the following circumstances revealed by comprehensively taking account of the evidence as mentioned above and the statement in the summary claim investigation; (b) the crime of this case was committed by inducing the victim who is merely 16 years of age and forced by the defendant to commit an indecent act, inducing the victim again, inducing the victim who is 41 years of age to commit an indecent act; and (c) inducing the victim who is only 14 years of age to commit an indecent act by inducing the victim to commit an indecent act; (b) the crime was committed directly against the victims of age and was planned more than once in a relatively short period; (3) the risk of repeating a crime by the defendant according to the result of Korean risk assessment tool of sex offenders (K-STRAS); and (3) other factors, including the defendant’s age, character and behavior, family relationship, growth environment, awareness and attitude of the defendant’s sex, etc., even if the defendant led to the crime of this case and led the defendant to commit an indecent act, the risk of repeating a sex crime is acknowledged.

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

Article 5-2(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 288(1) of the Criminal Act, Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of sexual intercourse with a deceptive scheme by juveniles), Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the occupation of indecent act by deceptive means by juveniles, and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment provided for in Article 1(b) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)]

1. An order for disclosure;

Article 38(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order to notify;

Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Issuing an order to attach an electronic tracking device and matters to be observed;

Article 5(1)4, Article 9(1)2, and Article 9-2(1)4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

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

2. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Profit-making Kidnapping and Inducement);

[Determination of Punishment] In the event of kidnapping and inducement only, abduction and inducement, Type 2 (Kidnapping and inducement for non-influence)

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

(b) Criteria for handling multiple crimes;

From 5 to 11 years of imprisonment (=6 years + (6 years + 1/2) + (6 years ¡¿ 1/3), and the lower limit are different from the applicable sentencing range, as the sentencing guidelines recommended by the sentencing guidelines are inconsistent with the applicable sentencing range, it shall be based on the applicable sentencing range).

3. Determination of sentence;

The crime of this case is committed by the victim by inducing the victim to make a model, and then by compulsion or rape. The nature of the crime is extremely not only high, but also very high possibility of criticism. In particular, one of the victims who suffered direct sexual crimes is 14 years old, 16 years old, and 16 years old, respectively. The victims seems to have received a large mental and physical shock due to the crime of this case, and the victims are demanding severe punishment against the defendant. In light of the fact that the victims are demanding severe punishment against the defendant, it is necessary to strictly punish the defendant.

However, it is decided as per Disposition by comprehensively taking into account all the sentencing factors shown in the arguments of this case, such as the defendant's recognition of all of the crimes of this case, the defendant's first offender who had no record of criminal punishment prior to the crime of this case, the circumstances leading to the crime of this case, the defendant's age, character and conduct, family environment, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case.

Where a conviction becomes final and conclusive for each crime of paragraphs (1) and (3) of the judgment that is a sex offense against a child or juvenile, 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 thus, he/she is obligated to submit personal information to the competent agency pursuant to Article 34

[Attachment]

Judges Kim Jong-Un (Presiding Judge)

(1) On April 20, 2012, the name of the crime was changed to Mean Mean Mean (liver, indecent act, etc.) in violation of the Child and Youth Protection Act.

2) The recommendation form of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Rape and Inducement) is high compared to other concurrent crimes. - Concurrent crimes: Punishment of a violation of the Act on the Aggravated Punishment, etc. of Children and Juveniles from Rape [Determination of a sentence]; general standards for the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (Rape, etc.); rape (subject to the age of 13 or more), and type 2 (special mitigation elements); and punishment of a deceptive scheme and force other than assault and intimidation (subject to the scope of recommending punishment] 3 to 5 years - Concurrent Crimes: Violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (Rape, etc.) due to each indecent act by force (decision of a sentence] group of sex crimes, general standards, crime of indecent act by force (subject to the age of 13 or more), type 2 [Special Mitigation] where a deceptive scheme and force other than assault and intimidation is used [the scope of recommending punishment