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(영문) 부산지방법원 2014.08.21 2014고단3561

미성년자약취등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On April 4, 2014, the injured Defendant: (a) around 19:30, the injured Defendant: (b) 107-dong D Apartment-gu, Busan, which lived with the injured party C (the 29-year-old age); (c) 107-dong 503 of the D Apartment-gu, Busan, which was under the influence of alcohol on the grounds that the injured party neglected himself; (d) the injured party was her hand, her head, her head, faced with the wall; and (e) when her head and knee are kneed, the injured party’s knee, etc. cannot be identified.

2. On May 2, 2014, the Defendant: (a) around 11:25, at the F children’s house located in Busan Yandong-gu, Busan Yandong-gu; (b) at the instant 1. Paragraph (1) of the same Article, the Defendant asserted with C, hedging with other males; and (c) the Defendant franced the victim’s G (two years of age) with the remainder of the female; and (d) taken the victim at the same time to the hospital, and kidnapped the victim, who is a minor.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each investigation report (the sequence 4, 5 in list of evidence);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 287 and 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) where only one crime [the scope of recommending punishment] has been kidnapped and induced, the basic area (1 to 2 years) (1 to 6 months) (1 to 13 months) of the Criminal Act is concealed; (b) where the victim is under 13 years of age; (c) where the victim is under 13 years of age, the scope of recommending punishment) of the mitigated area (2) of the general injury (2) [the scope of recommending punishment] of the mitigated area (2 to 1 year] of the mitigated area (2 to 1 year), of the mitigated area (1 to 3 years of minor injury (1 to 4 years of general injury) (decision of sentencing] of imprisonment for 1 to 8 years (decision of sentencing in consideration of the background of the crime in this case, relationship with victims, etc.).