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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 1, 2019, around 17:33, the Defendant Dad (10 years of age) with a victim D (a person who was a fluorous fluor) in front of the Goyang-dong-dong-dong-dong-si C, Goyang-si-si, Goyang-si, and tried to attract the victim's shoulder to another place by putting the victim's shoulder. In addition, the Defendant attempted to capture the victim who was a minor by resisting the victim at the time of Goyang-dong-dong-dong-dong-dong-si, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes notifying departments related to 112 reported cases;

1. Articles 294 and 287 of the Criminal Act applicable to the crimes;

1. Determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The summary of the allegation was that the Defendant did not commit the act of kidnapping to the victim, and did not have the intent of kidnapping.

2. Determination

A. The act of kidnapping under Article 288 of the Criminal Act refers to the act of moving the victim to a criminal or a third party under the de facto control against his/her will against the victim’s free living relationship or protection relationship. In cases of using the means of assault or intimidation, the degree of assault or intimidation is sufficient if the other party can be placed under the de facto control and does not necessarily require that the degree of suppression of the other party’s resistance (see Supreme Court Decision 91Do1184, Aug. 13, 1991). In addition, abduction includes cases by de facto force other than assault or intimidation, and the purpose and intent of the act, the circumstance at the time of the act, the form and type of the act, the intent of the victim, etc. should be determined by comprehensively taking into account the purpose and intent of the act.

(See Supreme Court Decision 2009Do3816 Decided July 9, 2009). B.

The following circumstances, which can be recognized based on the evidence duly adopted and investigated, and ① if there is only the purpose of a decoration, the reason for physical contact is as follows.