The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not commit any act to detain the victim, and did not have any intention to detain the victim.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (two years of suspended execution of April, and forty hours of order to attend a course) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On July 29, 2012, around 02:40 on July 29, 2012, the Defendant: (a) carried the victim E (n, 25 years of age) under the influence of alcohol at the D underground parking lot located in Busan Seo-gu, Busan (n, F), which is the Defendant’s seat; and (b) driven the Defendant into G A6 car in Gangseo-gu, Busan, Gangseo-gu, Busan, for the purpose of preventing the victim’s request for rescue, the Defendant continued to conceal the cell phone owned by the victim and keep the victim from leaving approximately 120 km from the vehicle between one hour and 30 minutes.

Accordingly, the defendant detained the victim.

B. The following circumstances acknowledged by the judgment of the court below and the court below and the evidence duly adopted and examined by the court below, namely, ① the victim was aboard the vehicle of the defendant without assault or intimidation of the defendant at the time of boarding the vehicle of the defendant, and even though the victim was not accurately notified or consented to the destination of the defendant, the defendant was waiting for the victim to leave the vehicle of the expressway charges, and the victim was able to stop the vehicle on the side at the request of the victim that it is difficult to resist the side. Thus, if the victim was actually detained, the victim did not try to help the surrounding area or escape from the defendant even though there was much opportunity to help the victim or escape from the defendant, due to the change of the usage, and thereafter, the victim was released from the vehicle of the defendant, and then the victim later.