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(영문) 대전지방법원 천안지원 2016.11.15 2016고단1851
미성년자유인미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 14:50 on August 25, 2016, around 14:50 on the street in the Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul, and around 13 years of age, provided that the victim D (in female, 13 years of age) was “a person at our home,” and tried to attract minors by deceiving the victim’s her scambly, but the Defendant did not intend to refuse and reduce it. However, the Defendant did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Written statements of D;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes, such as place of crime;

1. Relevant Articles 294 and 287 of the Criminal Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The basic area (one to two years and six months) of subparagraph 1 ( simple abduction, inducement, personal trafficking, etc.) (one to two years and six months) in cases of abduction, inducement and personal trafficking (including concealment, overseas transfer, solicitation, transportation, and delivery);

2. The above sentencing criteria are not directly applied because the sentence was attempted to determine the sentence, and thus, the sentencing criteria are not directly applied.

Although it was intended to attract a minor, it was sentenced to attempted crimes, and sentenced to punishment by taking into account the fact that there was no criminal history of the same kind, and the fact that he reflects it.

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