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(영문) 의정부지방법원 2018.11.21 2018고단3494
미성년자약취
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 2, 2018, the Defendant found the victim E (V, 10 years of age) in front of the “D” office located in the Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, 2018, and followed, the Defendant found the victim E (V, 10 years of age) and followed the victim “assumed students.”

There are a large amount of money in the Republic of Korea.

Brecing bresh

The victim's son was led by the victim's son at the same time.

Therefore, the victim shall go to the house as soon as possible.

Sheeted laverg laverg

“The Defendant refused to use the victim’s hand, but the victim was the victim who was a minor and led the victim to “G” located in F, with the victim’s handbak.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The defendant's photograph attached to a protocol of suspect interrogation of the police against the defendant;

1. On-site photographs [the ground of conviction] The elements of the crime of kidnapping a minor under Article 287 of the Criminal Act refer to the act of using violence, intimidation, or unlawful force to leave the victim’s free living relation or protection relation against his/her will and moving the victim under the actual control of himself/herself or a third party against his/her will. Whether a certain act constitutes kidnapping in a specific case ought to be determined by comprehensively taking into account the relevant circumstances, such as the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the means and method, the victim’s condition, etc.

In full view of the objective situation, such as the time (20:34) and place at which the witness E’s testimony was made, the victim’s gender and age (10:0) (10:00) of the victim, the Defendant’s gender and age (63:0,00), the Defendant’s gender and age (63) and condition (63:0), and appearance, etc., at the time when the witness E’s testimony was made, the Defendant did not have a relatively short distance and the degree of her ability to use.

Even if the defendant's act deviates from the free living relationship or the protection relationship against his will and moves under his control.

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