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(영문) 대전지방법원 천안지원 2015.01.16 2014고단1765
미성년자약취미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

At around 19:00 on November 28, 2014, the Defendant: (a) discovered the victim D (V, 6 years of age) located at the marge of the margnam-gu, Yannam-gu, Yannam-gu; and (b) had a creb without a guardian to capture the victim.

The Defendant followed the victim from the bend in the vicinity of the victim’s place of residence, and followed the victim to enter the house of the victim who was in his/her place of residence, and followed him/her to enter the house of the victim, and called “the victim shall be a bad person,” and the victim was inside and outside of his/her place of residence, and was aware of the victim’s aquatic behavior at the time when he/she went into and out of the place of his/her place of residence, and did not achieve that intent on the wind that was discovered to E.

The defendant attempted to capture a minor victim and attempted to commit a crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against E, F, and D;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes to stenographic records of the Stosaw Support Center in Chungcheongnam-Nam;

1. Articles 294 and 287 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. The defendant's assertion as to the defense counsel under Article 62-2 of the Probation Criminal Act is deemed to have served alcohol at the time of committing the instant crime, but in light of the content of the instant crime and the degree of statement immediately after the detection of the crime, etc., it is difficult to view the instant crime to have been committed in a state where the right and wrong or lacks the ability to make a decision, and thus,

The reason for sentencing is six years of age and seems to have considerable impact on the instant crime, and the Defendant did not recognize that the victim’s family members were exposed even if he/she was exposed to it on the spot. However, the Defendant stated that he/she was aware that he/she was aware of his/her own child or caused the instant crime after drinking alcohol.

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