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(영문) 울산지방법원 2017.06.08 2017고단1104
미성년자약취
Text

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

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

Reasons

Criminal facts

On June 13, 2016, the Defendant’s access to the victim to reporting that the Defendant is playing together with the Victim E (Korean national, her 24 years old, her 24 years old) in D, which is located in C around 10:45 on June 13, 2016, and that the Defendant is playing together with the Victim E (Korean national, her her 24 years old)

2.1 Does the name,

The husband may live several times;

Whether the husband is currently in the house or not;

Around the same day, the victim gets off with the “satisfy,” etc., she saw the victim as having been unsatisfying and unsatisfying the F, a defective infant, with his/her arms, and returned the son, and forced him/her to return the son, without disregarding the horses of the victim who continued his/her request, 200m or more in front of the said playground, left the front of the vehicle parked in front of the said playground.

Accordingly, the defendant kidnapped the minor against the victim's will, which is the guardian of the above infant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes governing the processing of video CDs and 112 reported cases;

1. Article 287 of the Criminal Act concerning the facts constituting the crime;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 186(1) of the Criminal Procedure Act

1. Where he/she releases the victim to a safe place due to a person subject to special mitigation (one year to two years), in the basic area (one year, two years and six months) of the punishment in the sentencing guidelines, where the victim is under 13 years of age or is under physical or mental disability;

2. Circumstances unfavorable to the reasons for sentencing: The circumstances that are favorable, such as the nature of the crime and the motive for the crime, the suspension of execution on several occasions, and the fact that there are records of punishment of fines: The degree and time of kidnapping, the degree of kidnapping, and the situation that the kidnapping voluntarily ends.

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