(영문) 수원지방법원 2020.09.10 2020노2305 | 리걸엔진

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(영문) 수원지방법원 2020.09.10 2020노2305

미성년자약취

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The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (defensor and misunderstanding of legal principles) is sufficiently recognized that the Defendant’s act constitutes “the crime of kidnapping” by a minor, and committed the intent of kidnapping to the Defendant in light of the circumstances surrounding and following the fact that the Defendant takes the victim into the underground parking lot of the

Nevertheless, the lower court rendered a judgment of not guilty of the facts charged in this case. In so doing, it erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) the Defendant was attending a private teaching institute called “A” and “C” and became aware of the facts charged.

At around 17:12 on May 15, 2019, the Defendant saw the victim in front of the Domo-gu Mamo-gu, Ansan-si, Ansan-si, and prevented the victim from getting out of the above Domo-gu underground parking lot, with his hand, leaving the victim over the floor so as to prevent the victim from getting out of the knee, leaving the victim with his hand, leaving the victim kne, leaving the victim kne, leaving the victim so as to prevent him from getting out of the area, humbing the body of the victim with his body by getting out of the kne, leaving the victim to get out of the area, humbing the victim's body, leading the victim to the front seat of the parking lot, leading the victim to the victim's body above the victim's body, etc., and prevented the victim from getting out of the area.

Accordingly, the defendant kidnapped a minor victim.

B. The lower court determined that the Defendant intentionally committed an intentional act with respect to the abduction of minors only by the evidence presented by the Prosecutor, taking account of the following facts and circumstances into account.

The lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to recognize that the Defendant’s act reached “the capture” or there is no other evidence to acknowledge it.

1. The defendant 1, as stated in the facts charged, humping the victim behind, and humping him into an underground parking lot, and humping his body.

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