The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the background leading up to the occurrence of a mistake of facts against the victim, and the period during which the wife sustained the victim, the wife that the defendant inflicted on the victim during the confinement constitutes the injury caused by confinement, but the wife that suffered by the victim did not reach the degree of the injury caused by confinement, and the judgment of the court below which acquitted the victim of the reason, is erroneous in the misapprehension of facts.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for imprisonment, three years of suspended sentence, and order to attend a course) is too uneasible and unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts reveals that the injury in the crime of confinement caused a change in the victim's physical health condition and disorder in his life function. ① In the case of a police investigation with two or more times, the victim started to make a statement about the crime of confinement in this case only on October 2, 2018 after about one month from the time when the crime of confinement in this case was committed. ② The victim stated that he did not receive separate treatment on the upper part at the time of the police investigation, and that he was naturally cured. ③ The victim did not submit a written diagnosis of injury on the upper part at the time of the investigation into the police, and the victim took photographs of the parts of the victim's arms after the crime of confinement (up to 204 pages of the investigation record) after considering the fact that the body of the victim was damaged in the process, and the degree of the victim's bodily injury is relatively minor, and thus, it cannot be deemed that it does not interfere with the recovery of the victim's daily injury.