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(영문) 수원지방법원 2015.11.18 2015고단3015

미성년자약취미수

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 25, 2014, the Defendant was sentenced to three years of imprisonment with prison labor for an attempted special robbery at the Suwon District Court, and on December 3, 2014, the judgment became final and conclusive on December 3, 2014, and is still under suspension of execution.

On June 13, 2012, at around 23:00, the Defendant discovered that the victim C (here, 15 years of age) who is a minor c is coming from the school uniform and approaching the victim’s rear part, and attempted to capture the victim’s body. However, the Defendant did not commit an attempted crime by taking the Defendant’s hand, which prevents the victim from suffering sound and getting out of the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Notification of the results of search of DNA identification information database;

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

1. Articles 294 and 287 of the Criminal Act applicable to the crimes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is that the case was attempted to capture a minor who had come home at latest at night, but the nature of the crime is serious.

However, the crime of this case seems to have committed contingently under the condition that the defendant had been under the influence control ability for alcohol uniforms rather than attempting and committing other crimes, and the defendant has endeavored to solve alcohol problems by taking account of the following factors: (a) the crime of this case is deemed to have been committed throughout the trial of this case, (b) the criminal facts in which the judgment became final and conclusive and the concurrent crimes in the latter part of Article 37 of the Criminal Act need to be considered at the same time in relation to the case of concurrent crimes under the concurrent crimes under the judgment of this case.