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(영문) 전주지방법원군산지원 2020.08.12 2020고단665
미성년자약취미수
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

The Defendant, at around 17:20 on February 21, 2020, when having weak capacity to discern things or make decisions due to the mental disorder, mental division, etc., the Defendant attempted to capture a minor victim as a result of the Defendant’s escape from the wind to the wind, and attempted to capture the victim as a minor by force on February 21, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. The application of the 112 Reporting Report List, the on-site photograph and CCTV-fashion photograph, CCTV image photograph and diagnostic report [where his defense counsel asserts that the defendant was in a habitual state at the time of committing the crime, it does not appear that the defendant had the ability to discern things or make decisions in light of the criminal intent, content, words before and after committing the crime, etc., and thus, he does not accept the argument];

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the following: (a) the method and content of the crime committed by a person who is a minor in the grounds for sentencing under Article 62-2 of the Probation Criminal Act; and (b) the occurrence of the victim’s suffering from the attempted crime; and (c) the mental impulse, etc., the crime’s nature is very poor and the liability for the crime is serious.

However, the defendant's age, character and behavior, family environment and all other kinds of sentencing, such as the fact that the defendant is recognized to commit the crime and is divided, that there is no criminal history, and that the defendant's family is responsible for management and supervision to prevent recidivism through thorough guidance and assistance for the defendant in the future as a crime in a state of mental disorder due to mental disorder.

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