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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one month.
Reasons
Summary of Grounds for Appeal
A. There is no fact that the Defendant had detained the victim.
B. The lower court’s imprisonment with labor for four months is unreasonable.
2. The crime of confinement on the assertion of mistake of facts is a crime of making it impossible or extremely difficult for a person to leave a specific area because the protected legal interest of the crime is the freedom of action of the person, or of making it difficult for the person to move into a specific area or of making it difficult for him/her to do so, not only physical and tangible obstacles but also psychological and intangible obstacles, and the essence of confinement is either tangible or intangible or intangible obstacles, and there is no restriction on the means and methods of restricting the freedom of action by restricting the freedom of action. It does not necessarily require a complete deprivation of the freedom of action of the person under confinement.
(Supreme Court Decision 9Do5286 delivered on February 11, 200). Comprehensively taking account of the evidence duly adopted and examined by the court below, the victim stated from the investigative agency to the court of the court below that the victim was unable to go out of the house, and that he was unable to go out of the house, after deducting the soundness from the lock locking device of the entrance, and that the defendant was not able to go out of the house for 4 hours. The defendant also allowed the victim to go out of the laundry, such as the victim, that he did not know that he would live well in the laundry, that the fact that the victim would live well in the toilet, that the victim would go out of the locking device, and that the victim would go out of the locking device, and that he was injured by doing acts such as labing the face of the victim at that time.
Comprehensively taking account of the above circumstances, the victim’s freedom to act to a certain extent, such as living together with the Defendant and going out of the country.