All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles requested the complainant to refund membership fees of the H Culture and Tourism Guides Association at the time and place indicated in the facts charged, and there is only the fact that the complainant has been punished for a dispute. In this process, there is no satisfying or confined by the complainant, and the text message was sent to the complainant at the time and place where the complainant has raised a complaint, or the complainant has expressed personal opinions in an irregular manner. However, even though there was no intention to create a sense of fear or unsatisfy, or to threaten the complainant, the court below concluded that the defendant committed a crime of injury, confinement or intimidation on the basis of the victim’s statement without credibility under different premise, which affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles. 2) The judgment of the court below which concluded that the defendant committed a crime of injury, confinement or intimidation on the basis of the victim’s statement that

B. The lower court’s sentence of a fine of KRW 5 million imposed on the Defendant is deemed unreasonable.

2. Determination on the grounds for appeal

A. The offense of confinement against the Defendant’s assertion of mistake of facts or misapprehension of legal principles is a crime that makes 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 said person. The disability that makes it impossible or extremely difficult for a person to leave a specific area can be caused not only by physical and tangible disorder, but also by psychological and intangible disorder, and the essence of confinement is not limited to the means and methods that restrict the freedom of action by restricting the freedom of action. Thus, the means and methods are either tangible or intangible or are not prohibited, and deprivation of the freedom of action in confinement is essential.