The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

Judgment

Unfavorable circumstances: The crime of kidnapping the minor of this case is not likely to be committed.

The defendant has been punished three times due to drinking driving.

A favorable circumstances: there are some reasons to consider the background of the crime of kidnapping the minor of this case.

The Defendant recognized all of the crimes in this case, and shows an attitude against the Defendant’s living in custody in two months.

The victim of the instant minor abduction and the mother of the victim do not want to punish the Defendant.

In full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including the above unfavorable circumstances, favorable circumstances, the Defendant’s age and character environment, relationship with the victim, motive means of the crime, and the circumstances after the crime, etc., it is recognized that the sentence imposed by the lower court is too unreasonable.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each corresponding part of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 287 of the Criminal Act that provides for the choice of punishment (the point of force of kidnapping a minor), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be aggravated within the scope of the sum of the long-term punishments specified for the crime of kidnapping a minor with heavy punishment and the punishment for each of the above crimes: Provided, That the lowest punishment shall be determined by the punishment specified for the crime of violating the Road Traffic Act];

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (as above.