The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. In light of the situation at the time or the relationship between the Defendant and the victim, the Defendant cannot be deemed to have detained the victim since the victim was unable or considerably difficult to escape from one’s own room.

Nevertheless, the lower court which recognized the establishment of a special confinement crime against the Defendant erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

B. Even if guilty, the lower court’s imprisonment (one year of imprisonment and confiscation) is too unreasonable;

2. Determination

A. The crime of confinement on the assertion of mistake of facts or misapprehension of legal principles is a crime that makes it impossible or extremely difficult for a person to leave a specific area with the freedom of action as the protected legal interest of the person. The above disability can be caused by not only physical and tangible obstacles but also psychological and intangible obstacles, and the essence of confinement is not limited to the means and methods that restrict the freedom of action by restricting the freedom of action. As such, the means and methods are either tangible or intangible or are not not prohibited, and the deprivation of the freedom of action in the confinement does not necessarily need to be completely restricted. Thus, even if a certain freedom of action is permitted within a specific area, the crime of confinement cannot be established even if it is permitted to leave a specific area.

(see, e.g., Supreme Court Decisions 84Do2083, Jun. 25, 1985; 2010Do5962, Sept. 29, 201). The Defendant asserted to the same effect as the grounds for appeal of mistake of facts or misapprehension of legal principles in the original judgment. On the grounds stated in its reasoning, the lower court held that the Defendant is dangerous as stated in the facts constituting an offense in the original judgment.