A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On April 19, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties at the Seoul Northern District Court on the 27th day of the same month, and the said judgment was finalized. On October 18, 2019, the Defendant was sentenced to three years of suspended execution for the crime of attempted rape at the same court on the 26th day of the same month, and the said judgment became final and conclusive, and is still under suspended execution.

【Criminal Facts】

On December 30, 2012, at around 03:10 on December 30, 2012, the Defendant: (a) at the victim C’s car page located in Dobong-gu Seoul Metropolitan Government, the Defendant did not pay the body card, which was presented by the victim upon request for prior settlement; (b) followed by the victim’s report, and sent out of the above car page by the victim’s report; (c) the police officer called out of the above car page; and (d) the police officer called out of the above car page after about 10 minutes called the victim’s face and chest part, etc., the Defendant sawd the victim’s injury caused by the victim’s non-treatment of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Requests for a gene appraisal;

1. A gene appraisal report;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of facts which are concurrent crimes under the latter part of Article 37 of the Criminal Act), judgment, and application of Acts and subordinate statutes verifying the date of final judgment;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act has already been 15 times prior to the defendant, including the previous one, the fact that the victim has already been paid 3.5 million won to the victim, that the defendant has led to confession and reflect on the crime, equity with the case where the judgment was rendered together with the crime that became final and conclusive, and other records and arguments of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.