Each of the guilty parts of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for four years.

1. Of the facts charged, the second instance court dismissed the prosecution on the charge of assaulting among the charges. As to the second instance judgment, only the Defendant appealed on the guilty part, the dismissal of the above public prosecution in the second instance judgment became final and conclusive as it is, and excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. Defendant 1) Of the judgment of the first instance court, the part concerning the crime of special confinement in the judgment of the first instance was the victim without the Defendant on January 15, 2019 and the victim’s house. Since then, when the Defendant went to marina, the victim left the vehicle for about 10 minutes, and the her mother did not freely pay accommodation or delivery food.

In the process, the victim did not escape, did not report the defendant, and did not request the assistance of the surrounding area.

In light of this, it cannot be said that the victim was objectively threatened with freedom by the defendant, and the victim's response is also an act of the person under confinement.

In addition, since there was no specific area in which the freedom of action of the victim was limited, it is difficult to view the defendant as being detained immediately even if the defendant has partially restricted the freedom of action of the victim.

Nevertheless, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of this part of the facts charged (excluding the part not guilty in the grounds).

B) Among the judgment of the first instance, each of the crimes of rape in the judgment of the lower court (the five-time defendant did not assault or assault the victim in the immediately preceding or in the course of sexual intercourse, and the victim did not express his/her intent to refuse sexual intercourse, and the victim’s response immediately thereafter cannot be deemed as ordinary response to rape victims.

In light of this, the defendant raped the victim.

A victim who has no intention to rape or to commit a crime against this will.