The judgment of the court below is reversed.

The sentence of punishment shall be suspended against the Defendants.

1. Summary of grounds for appeal;

A. Error of facts or misunderstanding of legal principles are facts between the Defendants, who are minors, at the time and place of the crime of the lower judgment, but at the time, Defendant A was born to Category D, and Defendant A did not take the vehicle into the vehicle, but did not take the vehicle into the vehicle, using the means of violence, intimidation, or illegal force, and thus cannot be viewed as kidnapping, and the Defendants did not have the intent of kidnapping.

Even if the Defendants’ act constitutes the element of the crime of kidnapping a minor, it is justified as a legitimate act under Article 20 of the Criminal Code, unless it does not violate the social rules, as long as the Defendants’ act was inevitable to temporarily conduct visitation, even if they were to restrict visitation rights by unfairly restricting visitation rights between the Defendant A and his father at the time.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendants guilty.

B. Even if the facts charged against the Defendants are found guilty, the sentence of the lower court against the Defendants (two years of suspended sentence in one year of imprisonment, two years of suspended sentence in six months of suspended sentence) is too unreasonable.

2. Determination

A. (i) A person who protects and supervises a minor may be the subject of the crime of abduction and inducement of a minor in a case where he/she violates other protection and supervision rights or infringes on the interests of the minor himself/herself by abusing his/her care and custody rights (see, e.g., Supreme Court Decision 2007Do8011, Jan. 31, 2008). In a case where a parent is divorced or separate from his/her parents, one parent’s child is protecting and fostering a minor in a peaceful manner. The other parent’s parents exercise their de facto and de facto force.