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(영문) 수원지방법원 2019.05.23 2019고단718
미성년자유인미수
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

Punishment of the crime

On November 8, 2018, the defendant tried to refer to "C elementary school in Osan-si B" from the front day of the 'C elementary school in Osan-si B' to the victim D (the victim D, 10 years of age, women, 10 years of age) and the victim E (the victim E, 10 years of age) and followed about 10 meters by asking the victims about their relationship with each other by asking them to the victims, as the victims refuse to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each E, D, and F statement;

1. Application of the investigation report (in the event of a CCTV investigation - accompanied CCTV images included), investigation report (in the event of a suspect escape time verification - the accompanied CCTV image-cap photographs included in the accompanying CCTV images);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order include two victims under the age of 13 who committed a crime, and the nature of the crime is very bad, and the victims who ageed due to the defendant's criminal act appear to have caused considerable mental impulse, fear, and apprehension. However, the punishment is ordered by taking into account the following factors: (a) the confession of the defendant is against the defendant; (b) the defendant is committed in the attempted crime; (c) the defendant has no record of punishment for the same kind of crime or exceeding the fine; and (d) the defendant's age, character and behavior, living environment, and circumstances after the crime.

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