Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misunderstanding of facts and legal principles.

2. The elements of the crime of kidnapping a minor under Article 287 of the Criminal Act are the elements of the crime of kidnapping a victim, which refer to the act of using the means of violence, intimidation, or de facto force against the victim’s will to leave from a free living relationship or protection relationship and moving the victim under one’s or a third party’s de facto control. Determination of which act in a specific case ought to be made by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the means and method, the situation of the

Even if a person who protects and supervises a minor, he/she may be the subject of the crime of kidnapping a minor if he/she violates the right to protect and rear another protected supervisor, or if he/she violates his/her own interest by abusing his/her right to protect and rear the minor, and even in such case, if he/she intends to recognize the establishment of the crime of kidnapping against the protected supervisor, such act shall constitute the crime of kidnapping within the above meaning.

It is not so, however, that a minor was abandoned from the state of the former protection and custody by using violence, intimidation, or de facto force.

In order to affirm the establishment of a crime of kidnapping a minor on the ground that it violated other protective supervisor's right to protect and rear a minor's act, it goes beyond the text and text of the penal law.