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(영문) 인천지방법원 2019.01.07 2018고단5607
미성년자약취등
Text

Defendant

A, B, and C shall be punished by imprisonment for five months.

However, for one year from the date this judgment becomes final and conclusive, Defendant A, B, and C.

Reasons

Punishment of the crime

Defendant

C is divided into the relationship between the victim F and the married couple, while G (10 months after birth) is the children of the defendant C and the victim F, and the victim E is the mother of the victim F, who lives together with the victim F and raises G.

Defendant

A and B are the parents of Defendant C, and Defendant D was the parents of Defendant C, and the Defendants infringed upon the victim E and F’s residence, and conspired to capture G.

On December 28, 2017, at around 14:44, the Defendants: (a) 14:44, the Gangdong-gu Seoul Metropolitan Government H building I victim F and E were living in, and (b) caused the victim E to open a door, and (c) caused the victim E to open a door against the victim E’s will; (b) Defendant A, B, and C entered the living room; (c) Defendant C, after leaving the G, which was put in the living room, was cut back to the living room; and (d) Defendant C, upon leaving the vehicle being driven by Defendant D with the first floor, went back to the living room; and (d) Defendant D was de facto exercising de facto force to de facto protect and rear the peace in the protection and rearing condition of the victim F’s G while living in, and by taking away his or her child, transferred under his or her de facto control.

(1) The Defendants jointly intruded the victim’s residence, and kidnapped the minor in collusion, by reflecting the issues presented during the trial process, the Defendants’ defenses, and the results of the examination of evidence, so as not to interfere with the Defendant’s exercise of the right of defense.

Summary of Evidence

1. Each legal statement of the witness J and E;

1. Determination of the Defendants’ assertion as to the result of reproduction and viewing of CCTV images

A. Defendants’ assertion did not commit the same crime as the facts charged.

F이 갑자기 가출하여 일방적으로 G(이하 ‘유아’라 한다)을 친정으로 데려갔음에도 40일 가량 피고인 C의 면접을 불허하고 연락을 단절하자, 피고인들은 F 및 사돈댁과의 대화 시도를 위하여 그들의 주거지에 방문하였다가 그곳에 있던 유아를...

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