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(영문) 서울남부지방법원 2018.06.27 2017고단5907

미성년자약취미수등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. 미성년 자 약취 미수 피고인은 2017. 8. 12. 11:00 경 서울 양천구 B 시장에 있는 C 야채 가게 앞에서, 장을 보는 D 옆에 서 있는 그녀의 아들인 피해자 E(2 세 )를 보고 아이가 예쁘다는 이유로 자신의 장애인용 전 동 휠체어에 피해자를 안아 태워 그대로 가려 하였으나 피고인이 자신의 아들을 아무런 말도 없이 데리고 가는 것을 뒤늦게 알아챈 D이 피고 인의 전동 휠체어를 약 30미터 가량 따라가 전동휠체어를 붙잡고 움직이지 못하도록 막아 세우는 바람에 더 이상 진행하지 못하였다.

As a result, the defendant attempted to capture the victim as a minor, but did not have the intent to restrain the victim's mother's mother's child from committing the crime but did not commit the crime.

2. In the entrance of the modern sexual apartment complex located in 7-gil-ro, Yangcheon-gu, Yangcheon-gu, Seoul at the above day, the injured Defendant proceeded with the front wheelchairs of the Defendant D (Woo, 34 years old) by stopping the front wheelchairs of the Defendant and getting off his own son E, and followed the victim’s right lighting.

As a result, the Defendant brought about a scambling event requiring approximately two weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Statement made by the police against D;

1. A report on internal investigation (Attachment of a medical certificate of injury);

1. Application of CCTV-recording CD-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 294, 287 of the Criminal Act (the occupation of hobbys for minor children), Article 257 (1) of the Criminal Act (the occupation of bodily injury) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and the criminal law is that the defendant requests a letter of suspicion instead of committing a crime, and the defendant has a disability of class 3 with brain-disease and delay disorder.