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(영문) 서울중앙지방법원 2013.07.17 2013고합500
미성년자유인
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

At around 13:50 on April 2, 2013, the Defendant discovered that the victim E (here, 11 years of age), a son E (here, 7 years of age), and the victim F (here, 7 years of age) are returning to school after completing school courses, and that the victims “I am going to open a public book at that place.” While the victims need not be required, the Defendant proposed that “I am to open a public book at that place. I am to the victims, I am to the extent that I am to am to the public book.” The Defendant induced the victims from the front of the above D restaurant to the front of the G market to the front of the clothes in which I am unable to know the trade name in the G market.”

Accordingly, the defendant solicited the victims who are minor victims respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act or subordinate statute of a report on the occurrence of a crime (an attempted minor inducement), each investigation report (an investigation related to the search and investigation of the counterpart of the merchants of the G market, the investigation related to the place of crime, and the victim’

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

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for the crime of inducing minors against the victim F with heavier penalty);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant and his defense counsel asserted in Article 62-2 of the Probation Criminal Act and the defendant and their defense counsel asserted that they have the weak ability to discern things or make decisions at the time of committing the crime of this case, such as where the defendant does not have any adult accident and tendency to consider himself as his own.

According to the records of this case, it appears that the defendant living in a isolated life for a long time, such as living alone and not accompanying his workplace, and that the recognition ability has been lowered and that it has difficulties in social ties.

However, such circumstance alone is mental and physical disability at the time of the defendant's crime of this case.

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