1. The elements of the crime of kidnapping a minor under Article 287 of the Criminal Act are the act of using violence, intimidation, or de facto force against the victim's will to move the victim to himself/herself or a third party under de facto control. Whether a certain act constitutes kidnapping should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, the form and type of the act, the means and method of the act, and the situation of the victim (see, e.g., Supreme Court Decision 2009Do3816, Jul. 9, 2009). Even if a person who protects and supervises one minor, he/she may be the subject of the crime of kidnapping if he/she violates his/her protection and right of custody, or infringes on the victim's interest by abusing his/her protection and right of custody (see, e.g., Supreme Court Decision 2007Do8011, Jan. 31, 2008).

F With respect to the Defendant, the F applied for prohibition of access to F and its children to the United States Federal Court of Oron Co. Ltd. (Benton Co. Ciritcit Court) against the Defendant, and the said court made a decision to grant F with respect to access prohibition order and its children, and the Defendant made a decision to grant F with respect to the children. On November 7, 2009, the Defendant negotiated an interview given to him.