beta
(영문) 서울남부지방법원 2016.08.18 2016고합163

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

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

1. On December 31, 2015, the Defendant, a minor freedom, sent a message to the victim that the victim D (the age of 16) posted on the mobile phone “E,” and that the Defendant sold the instant Lone Star, which he had been posted on the mobile phone “E.”

However, in fact, even though the Defendant tried to have sexual intercourse with the victim, but did not think of it, the Defendant made a false statement to the victim, as seen above, and prevented the victim from getting off to a low-income car that he drives on the front road of Yangcheon-gu Seoul Metropolitan Government on December 31, 2015.

Accordingly, the defendant induced the victim as a minor.

2. From December 31, 2015, around 05:30 on December 31, 2015, the Defendant: (a) driven the said car on the road front of Yangcheon-gu Seoul Metropolitan Government, which he/she drives on the road; and (b) around 06:30, around December 31, 2015, he/she driven the said car for about one hour until the He/she is located in G at Pakistan-si on December 31, 2015, thereby preventing the victimized person from getting off the said car while driving about 40km.

On December 31, 2015, around 06:40 on December 31, 2015, the Defendant tried to engage in sexual intercourse with the victim, with the chest and fluor of the victim who was not resisted due to concerns that the victim was fluored on the part of the victim, and was able to be able to be able to have a danger and injury from the Defendant, but the police who was reported by the victim's friendship did not have sexual intercourse with the victim on the wind of the above fluor.

As a result, the defendant detained the victim, and at the same time, did not intend to have sexual intercourse with the victim who is a juvenile by force, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to D;

1. A written statement of I and J;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to the content of the victim K message);

1. Article 287 of the Criminal Act in relation to the facts constituting an offense (the occupation of inducing a minor), Article 276(1) of the Criminal Act (the occupation of confinement).