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Reasons
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(영문) 춘천지방법원 영월지원 2013.09.24 2013고단240
미성년자약취미수
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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 11:50 on September 19, 2012, the Defendant discovered that the victim E (10 years of age) is standing in front of the D convenience store located in Thai City, Thai City on the road in Thailand, and that the victim led the victim to a less part of the victim, and that the victim led the victim to a less part of the victim, and that the victim would not be able to see the “dynasium,” and even before the F church located adjacent to the above convenience store, he could not lead the victim by asking whether the victim “I will be” and leading the victim to the defect after the Defendant’s two arms.

As a result, the defendant tried to capture a minor victim, but the above G was prevented from committing an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and H;

1. G statements;

1. On-site photographs;

1. The defendant and his defense counsel asserts that at the time of committing the instant crime, the defendant suffered alcohol dependence or speculative personality disorder at the time of suffering from mental disorder, and that the defendant was in the state of mental disorder or mental disorder.

In light of the records, it is recognized that the defendant was suffering from alcohol dependence at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

Application of Statutes

1. Articles 294 and 287 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

1. The fact that the defendant under Article 62(1) of the Criminal Act does not endeavor to recover damage, and that the defendant is subject to the sentence, is disadvantageous to the defendant, or the defendant.

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