[Criminal Power] On September 18, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for robbery, etc. at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the said sentence on May 27, 2018.

【Criminal Facts】

On August 3, 2020, at around 00:15, the Defendant discovered the victim D (20 years of age) who returned home without being married at the latest at the convenience store in Jung-gu Seoul Metropolitan Government, and tried to forcibly take property owned by the victim by following the victim at the location where his personal data is rare.

At around 00:20 on the same day, the Defendant: (a) followed the victim’s house located in the Jung-gu Seoul Metropolitan Government E; (b) reduced the victim’s neck by leaving the victim’s body behind the victim’s back to the alleyway; (c) destroyed the victim’s body by one hand; and (d) obstructed the victim’s back to the floor; and (e) forced the victim’s resistance by drinking at one time; and (e) led the victim’s body to suppress the victim’s resistance; and (e) forced the victim’s body to withdraw from the house; (b) the mother of the victim’s body did not go against the wind coming out of the house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Investigation report (specific suspect and circumstances of arrest);

1. A victim's photograph, a field photograph, and a CCTV closure photograph;

1. Investigation report (electronic identification results), appraisal report;

1. Previous records: Results of inquiry, investigation reports, confirmation of repeated crimes, current status of personal confinement, and application of each statute of the judgment;

1. Articles 342 and 333 of the Criminal Act applicable to the crimes;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

1. Reasons for sentencing under Articles 25 (2) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Scope of punishment by law: Imprisonment with prison labor for not less than three years but not more than 25 years;

2. The sentencing criteria shall not apply to an attempted offender of the sentencing criteria.

3. Determination of sentence: The age, character and conduct, environment, motive, means and consequence of the crime of the defendant in the following circumstances under three years and six months of imprisonment;