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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal record] On January 11, 2017, the Defendant was sentenced to a suspended sentence of two years on July 28, 2017 to imprisonment with prison labor for the attempted larceny at night at the Seoul Western District Court, and the judgment became final and conclusive on July 28, 2017.
[2] On June 25, 2002, at around 10:40 on June 25, 2002, the Defendant: (a) entered and intruded into a room where the victim was divingd by a door that was not corrected in the residence of the victim C (names, scams, 23 years of age) located in Gwangjin-gu Seoul Special Metropolitan City; (b) and (c) knife, which is a dangerous object in possession, pressures the victim’s resistance; (d) knife the victim’s knife against the victim’s knife; and (e) knife the victim’s knife knife knife knife
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol with respect to C (net 6,12);
1. Written reply to appraisal by the National Institute of Scientific Investigation;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the confirmation of relevant criminal history);
1. Article 4 of the Addenda to the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 6(1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply); Article 6(1) of the former Criminal Act (amended by Act on the Protection, etc. of Victims of Sexual Crimes under Article 5(10 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; hereinafter the same shall apply); Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; Amended by Act No. 10259, Apr. 15, 2010); Article 42 of the former Criminal Act (amended by Act No. 10251, Apr. 15, 2019, 2015)