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(영문) 대구지방법원 2015.06.19 2015고합166

미성년자약취미수등

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

Around 17:00 on January 8, 2015, the Defendant reported the Victim D (Woo, 5 years old) who was waiting to be mixed with the Defendant at around 17:00, the Defendant, while under the influence of alcohol, took the Victim into front of the first floor of Etha, 806, where the Defendant’s mother living with approximately 100 meters away from the Defendant’s home at around 100 meters away from that place, followed the Victim, who did not board the elevator, in his hand, and led the Victim for about three minutes, but the Defendant did not commit an attempted act, even though the Victim was able to have the wind and walked.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. 112 Reporting case management table;

1. Application of the Acts and subordinate statutes concerning CCTV images and photographs;

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

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

1. The reason for sentencing of Article 62-2(1) of the Criminal Act on probation and order to attend a course of education is that the defendant tried to take the victim (five years of age) who is a child in an elementary school playground from the mother's house, but the victim has attempted to take the place of escape.

As a result, even though the age victims and their families seem to have suffered a huge mental impulse, the defendant did not make a serious effort to escape the victim.

Considering these circumstances, the nature and circumstances of the instant crime are considerably poor.

However, there is no evidence suggesting that the defendant divided his mistake, and the unmarried person of the 50th latter half has no other criminal history for the last ten years, ② the defendant committed the crime of this case in a somewhat contingent and contingent manner under the influence of alcohol, and the degree of the type used in the course of the crime is relatively minor, ③ there is no other unsound purpose such as sexual intercourse, indecent act, or property acquisition, etc. with the defendant at the time of the crime.