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(영문) 청주지방법원 2018.09.05 2018고단1586
미성년자유인미수
Text

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

Reasons

Punishment of the crime

[criminal history] On June 11, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 6 months of imprisonment with prison labor in Suwon District Court on September 14, 2016, and completed the execution of the sentence in the Innju Prison on September 2016.

【Criminal Facts】

1. On July 15, 2018, around 15:00, the Defendant: (a) operated a Clux car on the front of the building in front of the building in Jincheon-gun, Jincheon-gun; (b) had a minor person who walked at the place, and had been informed of where “E apartment” did not actually exist by approaching the victim D (a name, leisure, 13 years old); and (c) asked the path; (d) the victim was unaware of the defect that “I may know about the surrounding geographical sense, so I would like to inform him of the way; and (e) had attempted to attract the victim to the car in front of the building in Jincheon-gun, Jincheon-gun, Jincheon-gun; and (e) had attempted to have the victim rejected it, but was attempted by the victim.

2. On July 17, 2018, around 14:15, 2018, the Defendant: (a) opened a car in front of the Jincheon-gun G apartment on the road in front of the Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant: (b) accessed a minor person H (a name, leisure, 10 years old); (c) and (d) asked a road to inform where the “E apartment does not exist; and (d) confirmed that the victim did not have such apartment.” (c) The Defendant confirmed that “G apartment is located in any place.”

The phrase "the difference between the vehicle and another" means that the vehicle was designed to attract the victim to the car of the above lux but the victim was attempted to refuse it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police of each victims;

1. Images of CCTV for the purpose of crime prevention in Jincheon-gun;

1. Traffic details of C vehicles;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.), and application of the text of the judgment;

1. Relevant provisions of the Criminal Act and Articles 294 and 287 of the Criminal Act concerning the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.

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