A. misunderstanding of facts and misunderstanding of legal principles in a case where a debt collection act is conducted by assault, threat, arrest, or confinement of a debtor, Article 336 of the Criminal Act and Article 15 of the Fair Debt Collection Practices Act shall be deemed to be related to the general law and special law. As such, Article 15 of the Fair Debt Collection Practices Act, not Article 336 of the Criminal Act, which is a general law, shall apply to the crime of hostage robbery, among the facts charged in the instant case. 2) The victim was not detained

Even if the Defendants’ act constitutes “Detention” as a crime of confinement under the Criminal Act.

Even if the element of the crime of robbery is to be interpreted more strictly than that of other crimes, such as confinement, under the Criminal Act, given the nature of the crime of robbery, and according to this, Defendant B and C’s act is merely to limit a certain degree of freedom of physical activities of the victim, and does not constitute “detention” of the crime of robbery.

3) The right of lease acquired by Defendant C from the J is not owned by the J, but owned by the victim as it is not owned by the victim. As such, the Defendant would have obtained pecuniary benefits equivalent to the above right of lease from the J, and the Defendant would not obtain pecuniary benefits equivalent to the above right of lease from the J. Therefore, the crime of this part is not a crime of hostage robbery, since the crime of this part is not an acquisition of pecuniary benefits by taking the victim as a human factor. (B) The lower court’s punishment against the Defendants on the assertion of unfair sentencing (Defendant B and C: imprisonment of 2 years and 6 months, probation, 4 years, probation, 120 hours, probation, 3,50 hours, 120 hours, 3,50 additional collection, Defendant B: Capital forfeiture, and Defendant A: Imprisonment of August is too unreasonable.

2. Determination:

A. As to the assertion of misunderstanding of facts and misapprehension of the legal principles, Article 15 of the Fair Debt Collection Practices Act provides that “The debtor or the person concerned shall assault, assault, arrest, or detain the debtor or the person concerned, or use a deceptive scheme or force against