A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is under the divorce lawsuit between B (n, 31) and B, and the victimized child C (ma, D) is a child born between the defendant and B.

On February 12, 2019, the Defendant received a judgment on the contents of parental authority and right to care for victimized children B in the Goyang Branch of the District Court.

However, the Defendant, at around 10:00 on April 13, 2019, received the victimized child from B and did not go through B’s permission or lawful legal procedures after receiving the victimized child, and went back to “Yejin-gu E Apartment-gu, Seoul, Emboo-gu, Seoul.”

As a result, the defendant deserted the victimized child from B, who has parental authority and right of care for the victimized child, and kidnapped the victimized child under the control of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes governing decisions and family relation certificate;

1. Article 287 of the Criminal Act applicable to the crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation according to the sentencing guidelines (decision of type) where only one of the offenses of kidnapping, inducement, and personal trafficking (including concealment, overseas transfer, solicitation, transportation, and delivery) has been committed: [Type 1] simple kidnapping, inducement, personal trafficking, etc. (where a child is released to a safe place due to a child, where a parent who has no custody right has any circumstances to take into account the motive for committing a crime, where the victimized child is under 13 years of age [the area of recommendation and the scope of recommendation] mitigated area; six months through one year and six months;

2. Determination of sentence - Determination of favorable circumstances: the delivery of victimized children to B who are the person in parental authority and the person in parental authority, and the commission of crimes by parents who do not have custody, for which there are circumstances to take into account the motive for the crime, the sentence of