A. Although the defendant's crime of abduction was established by confinement of victims who are minors on the vehicle and threatening them, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court (a fine of seven million won) is deemed to be too unfilled and unfair.

2. Determination

A. The act of kidnapping under Article 288 of the Criminal Act as to the assertion of mistake of facts and misapprehension of legal principles refers to the act of moving the victim to a criminal or a third party under the control of free living relationship or protection relationship against his/her will.

(See Supreme Court Decision 91Do1184 delivered on August 13, 191, etc.). The circumstances determined by the court below are as follows: (a) the following circumstances, namely, “A vehicle driven by Defendant B and operated by Defendant B, other than the victims, was on board the victim’s friendship P and W, and the defendant et al. was on board the victim’s friendship; (b) the defendant et al. appears to have started without any other guidance; (c) the defendant was on board the victim’s friendship; (b) the defendant et al. was on driving for about five minutes from the close to the Y Elementary School located in Geumcheon-gu Seoul Metropolitan City X to return to the same place; and (c) the defendant was unaware of whether the victims were the subject of the initial guidance; and (d) the defendant was on the part of the victims, and there was no other evidence to acknowledge that the defendant was on the part of the victim’s intention to guide the victim.”

Therefore, the evidence submitted by the prosecutor alone is that the defendant is a minor victim.