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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant, at the car page operated by the mother of the victim C (n, 17 years of age) in Ulsan-gu, Ulsan-gu, had the victim go to one another from March 2016, and had the victim go to one another. On July 21, 2016, around 23:30, the Defendant induced the victim to leave the part of the minor, who knew that the damaged person in the above car page knew that he had claimed to her mother, and had the victim go to the part of the minor, who was in his mother, from September 2, 2016.
After all, the defendant enticed a minor as the victim.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Legal statement of witness E;
1. Each police statement made to F, G, and C;
1. On-site reports (on-site reports, etc.);
1. Application of Acts and subordinate statutes to each investigation report (to attach a victim’s operating camera photograph), (to attach a telephone record), (to attach a tape record), (to attach a photo), (CCTV).
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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;
1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and
2. Application of the sentencing guidelines [Determination of type] - The area of mitigation [the scope of recommendation] six months to one year and six months [the scope of recommendation] - No criminal punishment of a victim [the person subject to general sentencing] - There are no criminal punishment of a victim subject to positive intention - Where the victim's consent is obtained, or where the victim's parents or relatives who have no right to rear have no right to rear with respect to his/her motive for committing a crime, as a crime, where the victim's consent is obtained (including transmission, solicitation, transportation, trafficking, etc.).
3. The defendant's sentencing decision infringes on the right of protection and supervision of the parents who are legal representatives by inducing the defendant to leave a minor (the third grade student of high school at that time).