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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, by mistake of fact, detained the victim so that he could not leave the victim's house in the process of assaulting the victim and resulting in bodily injury;
Since it should be seen that the defendant should be charged with the bodily injury caused by confinement.
However, the judgment of the court below that did not recognize the confinement of the victim in the course of assault against the victim of the defendant was erroneous due to the mistake of fact.
B. The sentence of the lower court that is unfair in sentencing (an amount of three million won) is too minor.
2. Judgment on the assertion of mistake of facts
A. The lower court determined as follows with regard to whether the Defendant was detained by the victim, namely, ① the victim, who was in a past connected relationship, was found at the victim’s house on the day of the crime because the victim avoided contact with the Defendant without waiting the Defendant, ② the victim opened the door, she was in contact with the victim, and ② the victim was in contact with the victim, and the victim was in contact with his/her hand, and her hand and spons, ③ the Defendant was frightened during the process of assaulting the victim, and her body was frightened by the victim, but the victim did not express her intent or behavior that the victim would come out of his/her house, and the Defendant did not have any speech or behavior that the victim would stop out of his/her house, and ④ the place where the Defendant detained the victim was living in the place where the victim was detained, on several occasions before the crime was committed by the victim, and the Defendant could easily have attempted to rescue the victim at the time of committing the crime even if she did not have any other victim’s rescue.