The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there was no fact that the defendant had detained the victim, the court below found the victim guilty of the injury caused by special heavy confinement among the facts charged in this case. The court below erred by misunderstanding of facts and misunderstanding of legal principles.

B. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

C. The lower court’s sentencing is too unreasonable.

2. Determination

A. The crime of confinement on the assertion of mistake of facts is a crime of making it impossible or extremely difficult for a person to leave a specific area with the freedom of action as the protected legal interest of the crime, and such an obstacle may be caused by not only physical and tangible obstacles but also psychological and intangible obstacles, and the essence of confinement is not limited to the means and methods of restricting the freedom of action by restricting the freedom of action. It does not necessarily require a complete deprivation of the freedom of action of a person under confinement.

(See Supreme Court Decision 9Do5286 delivered on February 11, 200). The following circumstances acknowledged by comprehensively taking account of the evidence duly adopted and examined by the Health Team, the original court, and the trial court as to the instant case, i.e., the Defendant, from around 01:00 on May 21, 2016 to 6 hours before the victim’s house, assaulting the victim while pursuing the reason that the victim did not enter the house at around 01:0 on May 21, 2016, and forcing the victim to go off knife with the knife, which is a dangerous object, and then dives the knife with the knife of the dangerous object, “I die. If you do not die at once, I die.”