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(영문) 전주지방법원 2016.12.02 2016고단1335
미성년자약취미수
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 15:35 on May 13, 2016, the Defendant discovered that the victim E (here, 15 years of age) sits in front of the D convenience point located in Yansan-gu, Jeoncheon-si, and Dan said victim "I am fling at home and do so. 5 minutes of age. Ga. Ga. It does not have any defect in relation, but only fling at her home." However, the above victim tried to take off the victim's right hand hand in front of the victim's house and take off the victim's house, but the victim was forced to take over the victim's hand in front of his ppuri, and the victim was 30 meters of age 16 and 30 meters of age kn't kn't kn't kn't kn't kn't kn't kn't kn's around the victim.

As a result, the defendant tried to capture the victims who are minor, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Each investigation report (related to attachment of field photographs, distance from the crime scene to the residence and place of work of the suspect);

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 294 and 287 of the Criminal Act concerning the crime (the attempted crime of kidnapping a minor and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. The sentencing criteria shall not apply to an attempted offender of a review of the sentencing criteria;

2. The crime of this case is committed because of unfavorable circumstances to the sentence of sentence, and the defendant attempted to capture the victims who are minors, and attempted to commit the crime.

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