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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. With regard to the facts of the crime committed in the course of mistake of facts and misapprehension of legal principles, ① Kidnapping in the crime of kidnapping a minor refers to the movement of a minor from his/her or a third party’s real control from his/her free living relationship in a state protected by assault and threat as a means of assault and threat, and the Defendant did not assault and assault the victim G. ② The Defendant took the victim out of his/her child care center to take the victim into the hospital, but the lower court found the Defendant guilty of this part of the facts charged even though the Defendant did not have the intent to capture the victim, which affected the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Determination
A. On the first argument of mistake of facts and misapprehension of legal principles, the first argument refers to the act of using the victim as a means of unlawful force as well as assault and intimidation under Article 287 of the Criminal Act, and moving the victim to one’s own or a third party’s de facto control against his/her will by departing from a free living relationship or protection relationship. Determination of which act in a specific case ought to be made by comprehensively taking into account 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 of the act, the victim’s condition, etc.
(see Supreme Court en banc Decision 2010Do14328, Jun. 20, 2013). In light of the aforementioned legal doctrine, in a situation where the mother of the victim, who is a person with parental authority, is protecting and fostering the victim in a peaceful manner even though the victim’s parent is not a person with parental authority after the mother of the victim living together, and the victim’s parent is not a person with parental authority, the victim’s child is transferred to the child care center teacher