A defendant shall be punished by imprisonment for two years.

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

On September 3, 2014, the Defendant was sentenced to a suspended sentence of 2 months in Seoul Southern District Court on September 3, 201 to 8 months of imprisonment for a violation of the Road Traffic Act. The judgment became final and conclusive on September 12, 2014.

On August 14, 2014, the Defendant: (a) around 11:10, the Geumcheon-gu, Geumcheon-gu, Geumcheon-gu, Seoul, about 68 Simbro 68, while drinking alcohol together with the Victim C (Influence, 55 years old); (b) discovered the victim who was fluened away from the fluor and diving, fluened away from the fluor; (c) fluoring the victim, fluor of the victim; (d) prevented the victim from resisting; (e) prevented the victim from resisting; and (e) attempted to rape, after receiving a report from the person around the scene, she attempted to have the police officer dispatched to the scene, and attempted to commit rape.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. On-site evidence photographs;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed against the Defendant and his/her defense counsel’s assertion that the Defendant and his/her defense counsel only have sexual intercourse with the victim and do not constitute a fact that the Defendant intended to rape.

In other words, various circumstances acknowledged by the evidence prior to the suicide, i.e., ① the victim was married in the light park on the day of the instant crime, but the victim reported to the police by requesting that the victim reported it to the police, because the victim was tried to rape, such as using the victim’s sparingly and walking sparing the victim, etc.