A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 18, 2018, at around 19:56, the Defendant sent back the vicinity of the victim C (six years of age, household name) who was playing in a children’s park, under the joint signature of Eunpyeong-gu Seoul, Seoul, 6-1, with a joint signature of 8-1, and tried to capture the victim’s mother D’s arms at the victim’s arm’s length, and tried to capture approximately three meters to the entrance of the park, but it did not go through the wind of the victim and attempted to discover and commit a crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. Application of CCTV video-related Acts and subordinate statutes to crime scene;

1. Articles 294 and 287 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act, the observation of protection and community service order

1. The gist of the allegation was that the Defendant had no intent to capture the victim, and there was no assault or intimidation, which is a means of kidnapping.

2. Determination

A. Kidnapping as prescribed in Article 288 of the Criminal Act refers to the act of a victim moving from his/her free living relationship or protection relationship to a criminal or a third party under the control of the criminal or a third party. In cases of using it as a means of violence or intimidation, the degree of such assault or intimidation is sufficient if it is sufficient to keep the other party under the real control, and there is no need to suppress the other party’s resistance.

In addition, kidnapping includes de facto force other than assault or intimidation. Whether a certain act constitutes kidnapping as above should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, intent of the victim, etc. (see Supreme Court Decision 2009Do3816, Jul. 9, 2009, etc.).