A. Regarding the fact-finding confinement of mistake of facts, there is no fact that the Defendant did not intend to detain the victim D at the time, nor did it go out of the room.

The victim did not get out of the studio, but only did it have drawn the president of the sidewalk in the studio.

Nevertheless, the court below found the defendant guilty of the crime of confinement only with the victim's statement that falls short of credibility. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of first instance shall evaluate the credibility of the statement, taking into account all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is taking an oath before a judge, and the penology of the statement, and the penology that are hard to record in the witness examination protocol, in order to determine the credibility of the statement made by the victim, etc. (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The court of first instance shall not dismiss the witness examination without any separate reliable evidence that can be objectively deemed to have been objectively deemed to have no credibility, unless the witness’s statement, including the victim, is objectively consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).