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(영문) 광주지방법원 2015.09.23 2015고단2827

미성년자약취

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On April 27, 2015, at around 18:18:10, the Defendant, at the front parking lot of Gwangju metropolitan apartment 102, arrived at the childcare center bus with the victim D (the third and third years). On the other hand, the Defendant took over the victim E as the guardian of the victim and took over the above apartment as 102 Dong 406, which was the Defendant’s residence.

Accordingly, the defendant kidnapped a minor victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 287 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of recommendations based on the sentencing guidelines: Type 1 (limited to concealment, transfer, overseas recruitment, transport, personal trafficking, etc.) where the crime of kidnapping, attracting, or personal trafficking is committed between two years and six years, or where only one of them is committed (including concealment, transfer, overseas recruitment, transport, delivery, etc.). < Amended by Presidential Decree No. 1729, Feb. 1, 199>

2. Specific grounds for sentencing - the circumstances of the occurrence of the crime of this case: the victim returned to 20 to 30 minutes after the crime of this case, and the victim appears not to have undergone special physical and mental changes due to the crime of this case; the defendant has no record of committing the crime of this case; there is no record of punishment exceeding the fine; the defendant suffers from illness such as alcohol use dependence, and there has been a doctor's diagnosis that the treatment requires specialized treatment for at least three months in the future; the defendant completed the sale and purchase of his residence where the same victim had the same roof. - The defendant is expected to move to the defendant after completing the sale and purchase of the crime of this case. The defendant failed to explain the motive of the crime of this case; the victim's age is very old.