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(영문) 수원지방법원 2019.05.10 2019노702
미성년자약취미수
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not have the intention of kidnapping as he did not know that B had met the conditions to the victim. 2) The punishment sentenced by the lower court of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court can fully recognize the Defendant’s attempted abduction of the victim.

Therefore, the defendant's assertion of mistake is without merit.

1) Another, as the victim, B, who was born in 2004, had been under the direction of D, 201, and had been under the direction of D, who was born in 2001, and D, instructed D to create 1 million won (the date of trial record 25 pages) by having the victim met the conditions on the day of the instant case. B, the victim called B to go beyond the conditions instead of the victim, and the victim escaped (22-23 pages, 34-35 pages of trial record), and the Defendant, on August 2016, 2016, knew that D and U, while living together with U.S., who was his male-gu, assisted or forced sexual traffic, the Defendant did not know that D and U.S. violated the Act on the Protection of Children and Juveniles against Sexual Abuse, 200, and 300,000,000,000,000 won were under the direction of 30,000).

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