The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles (as to the part of common conflict and common confinement), the Defendant had a claim to receive money equivalent to five million won from the victim C. However, the Defendant did not seem to have expressed an intention to repay, such as the Defendant did not complete the payment thereof and did not appear.

Therefore, there is a fact that the defendant received money from the victim of the above damage in a somewhat strong atmosphere and delivered the above victim to the police station for the purpose of moving the victim to the police station, but in light of the above circumstances, there is an intention to attack or detain the defendant.

No such act may be deemed an act beyond the permissible level under the social norms.

B. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant special injury, etc.

(c)

Sentencing (Punishment of the lower court: 2 years)

2. Determination

A. 1) As to the assertion of misunderstanding of facts and misapprehension of legal principles, the defendant has a claim against the victim.

Even if the exercise of the right is ice and the other party was made out of the other party by means of assault or intimidation exceeding the degree difficult to be acceptable in light of social norms, the crime of conflict is established if the other party was made out of the other party.

Even if the defendant has a claim against the victim C as otherwise alleged,

However, in light of the fact that the defendant assaulted the above victim and frightened the victim, thereby creating an atmosphere as if he would inflict any harm, and received money, the defendant's intent to attack is recognized, and the above act by the defendant exceeds the permissible scope in light of social norms.

2) The crime of confinement is a crime that makes it impossible or extremely difficult for a person to leave a specific area with the freedom of action of the person’s legal interest as the protected legal interest, and thus makes it impossible for a person to move into a specific area.