Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendant by the Prosecutor (three years of suspended execution for two years of imprisonment, and fine of one thousand won for two years of imprisonment) is too uneased and unreasonable.

B. Defendant 1) misunderstanding of facts as indicated in paragraph (4) of the facts charged on September 9, 2013, 2013, 2013, i.e., the Defendant did not detain the victim C, as indicated in paragraph (4) of the facts charged. Although the Defendant was on board a vehicle driving against the victim’s will on the day, the victim was driving the vehicle at his own will, and thereafter, the victim was able to escape from the vehicle at any time if the victim wishes, and the Defendant’s act cannot be deemed as confinement. In addition, on September 9, 2013, the Defendant was able to bring the victim’s clothes in order to sit the victim in the back seat. However, as stated in paragraph (5) of the above facts charged, the Defendant did not appear to have committed violence against the victim, and the Defendant’s injury was also attributable to the Defendant’s act. Nevertheless, the lower court erred by misapprehending the facts of unfair sentencing as to each of the above facts charged.

2. Determination

A. First of all, the determination of the mistake of facts by the Defendant and his defense counsel was made on September 9, 2013 regarding the assertion that the Defendant did not have detained the victim C as stated in paragraph (4) of the facts charged in the case No. 1565 case, and the Defendant also made the same assertion in the lower court. As to this, the lower court rejected the said assertion on the grounds of detailed reasons in the part of “decision on the Defendant and his defense counsel’s assertion” among the reasons for the judgment. Examining the above judgment of the lower court in comparison with the records of the instant case, it is among the facts charged in the instant