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A defendant shall be punished by imprisonment for not less than one year and six months.
However, for two years from the date this judgment became final and conclusive, the defendant shall be sentenced to imprisonment.
Reasons
Criminal facts
On August 8, 2014, the Defendant first proposed the victim E (n, 20 years of age) from Data located in Seongbuk-gu, Sungnam-si, Sungnam-si, that “The Defendant would drink the alcohol together with the her motherel,” and “the Defendant would drink the alcohol together with the her motherel.”
When the victim responded to this, on August 9, 2014, the defendant went to Gamoel located in Sungnam-si, Sungnam-si, about 06:46, and the victim went to the victim from the victim's walk, "Yena." The victim went to the victim's body after being contacted by telephone and going to the victim's body by pushing the victim's hand, and going to the victim's body by pushing the victim's shoulder and part with the defendant's shoulder and part with the defendant's bridge, and forced the victim's resistance with the defendant's hand. The victim's neck was cut off with the clothes that the victim was suffering from the defendant's hand to knee, let the knee of the victim, and then the panty came to the victim's chest, and then the defendant tried to have sexual intercourse with the victim's chest without having the victim died of the victim's chest, and the defendant tried to have sexual intercourse with the victim."
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement regarding E;
1. Application of Acts and subordinate statutes that include investigation reports (with regard to the electronic appraisal report) and the genetic appraisal report;
1. Articles 300 and 297 of the Criminal Act applicable to the crimes;
1. Article 25 (2) of the Criminal Act for mitigation of attempted punishment;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, Order to Attend Education or Order to provide community service;
1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children or juveniles;