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Is an attempted offender of kidnapping and abduction of a minor also punished?

Hello. I am writing because I recently experienced a truly shocking incident. My son, an elementary school student, was nearly dragged away by an unknown adult in front of his school. Fortunately, I had gone out to meet him and witnessed the scene, so I brought him back immediately, and that person, startled at the sight of me, ran away. In a case like this, I would like to know whether the offender can be punished as an 'attempted offender' of kidnapping and abduction of a minor, even though the child was not actually taken away.

kidnapping and abduction of a minor

Answer to Related Inquiry

Author: 정찬우

The situation you described may constitute kidnapping and abduction of a minor.

Kidnapping and abduction of a minor refers to deceiving or forcibly taking away a minor under 19 years of age, thereby infringing on a normal protective relationship or a free state of living.

Article 287 of the Criminal Act provides that a person who kidnaps or abducts a minor shall be punished by imprisonment for not more than 10 years, and Article 294 also punishes an attempted offender.

Therefore, even if the child was not actually taken away, a person may be subject to criminal punishment as an attempted offender if there was an attempt to deceive or drag the child away.

However, because whether the crime is established may vary depending on the specific facts, reviewing a legal response appropriate to the case through consultation with a legal expert is advisable.

Because such a crime seriously threatens the safety of a child, it should be reported to the police as promptly as possible.

In addition, it is important to secure objective evidence, such as the circumstances at the time of the sighting, nearby CCTV footage, and witness statements.

Furthermore, if there is concern about a recurrence, a plan to protect the child's commute to and from school through security services or safe accompaniment services is also worth actively considering.