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(영문) 서울서부지방법원 2017.03.30 2016고단3420

미성년자유인미수

Text

The defendant shall be innocent.

Reasons

Punishment of the crime

1. Around September 16:30 on September 5, 2016, the Defendant discovered the victim D (three years of age) as a minor who had been seated in the front of Yongsan-gu Seoul Metropolitan Government apartment complex C, Yongsan-gu, Seoul, 103, and thought that the victim was in line with his/her own birth village.

Accordingly, the Defendant accessed the victim and did not answer any question, “A house,” “A house,” “A house,” but did not answer any question, I am scood in the bank, “A house, scood cood over three times,” and I am scood to the lower end of “A house,” but attempted to attract the victim by leading his hand, but did not go against the victim’s external control, and did not go against the Defendant’s attempt.

2. Determination

A. The crime of inducing a minor under Article 287 of the Criminal Code refers to the act of inducing a minor to leave from his/her free living relationship or protection relationship with the minor and moving the minor from his/her own or a third party's factual control. Here, the factual control refers to the physical and real control relationship with the minor. To establish it, the defendant must be proved by evidence that he/she had the minor's intent to move the minor to his/her or a third party's physical and real control, deceiving or harshly under the above control of the minor (see, e.g., Supreme Court Decision 98Do690, May 15, 1998).