The defendant shall be innocent.

1. On June 21, 2017, the Defendant discovered the victim E (V, 18 years of age) who sits in a chair while drinking in the electric dynamic vehicle located in the D basin of Taedo-si on a short half-time basis, which was parked in the D basin of Taedo-si on the ground that he was under the influence of alcohol and was under the influence of a short half-way.

On June 22, 2017, the Defendant: (a) deprived of the victim for the purpose of sexual intercourse; (b) moved from the former car to the F station in Sungnam-si, Sungnam-si; (c) moved from the taxi to the F station in Sungnam-si on June 22, 2017; and (d) left the taxi to the “H hotel” located on 7th floor in the 7th floor in the Sungnam-gu, Sungnam-gu, Seoul; and (b) left the taxi to the “H hotel” located in the 7th floor in the f station in the f station in the f station; and (c) saved the victim into the guest room and 729.

Accordingly, the defendant kidnapped the victim for sexual intercourse.

2. Determination

A. The Defendant asserted that the same victim, who was deprived of the mind of drinking in the previous direction of D, was deprived of his body, caused the victim to sleep his body so that he could escape so that the victim would go to the instant telecom, and that the victim would go to the instant telecom. The victim, who tried to go to go to the mother to go to the telecom, was trying to get the victim to go to the telecom, and the victim was trying to go to go to the telecom, so that the victim was able to inform the victim of the contact address of the Defendant and the settlement of the telecom rate, left the phone call.

Therefore, the defendant did not have the purpose of sexual intercourse, and the defendant's act cannot be assessed as kidnapping.

B.1) First, we examine whether the Defendant’s act constitutes kidnapping.

The act of kidnapping under Article 288 of the Criminal Code refers to the act of moving the victim to a criminal or a third party under the control of the criminal or third party against his/her will, and when used as a means of assault or intimidation, the degree of assault or intimidation is sufficient to the extent that it can be placed under the real control of the other party, and the other party’s resistance may be prevented.