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| TITLE | Supreme Court en banc Decision 2010Do14328 Decided June 20, 2013【International AbductionㆍInternational Transport of Abductee】 [full Text] |
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| Summary | |
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[1] Meaning of “abduction” as an element of the crime of abduction of a minor, the crime of international transport of abductee, etc. and standard of its determination; whether a custodian of a minor may be the perpetrator of the crime of abducting said minor (affirmative with limitation), and requirements for establishing the crime of abduction by either parent of a minor child [2] Where a Vietnamese woman (“Defendant”) took her thirteen-month-old son (“Victim” or “Non-Indicted Party 1”) to Vietnam against the wishes of her husband (“Non-Indicted Party 2”), and was charged with international abduction and international transport of abductee, the case affirming the lower court’s judgment which acquitted the Defendant on grounds that the Defendant’s act does not constitute an abduction in light of the overall circumstances |
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