All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the prosecutor's misconception of facts and misapprehension of legal principles, it was impossible or extremely difficult for a female victim, who is a female victim, to leave the inner clothes, and leave the house, and the victim escaped from the house through the bend window, not the front door, not the front door, and the victim was under confinement in which the victim could not freely leave the house, and in light of the objective situation above, at least there was an incomplete intention of confinement. However, there was no evidence to deem that the defendant detained the victim, the court below erred by misunderstanding of facts and misunderstanding of legal principles.

[In the appellate trial, the prosecutor stated in the statement of reasons for appeal the defendant's request to judge whether the defendant's act of compelling the victim's clothes exceeded the victim's clothes is established or not, but did not apply for an amendment to the bill of indictment, which is not included in the party member's judgment.]

B. The Defendant asserts that the lower court’s sentence (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service order) on the grounds of unfair sentencing by the Defendant and the prosecutor is too unreasonable, and the prosecutor asserts that the above sentence is too uneasible and unfair.

2. Determination

A. Decision 1 on the Prosecutor’s misunderstanding of facts and misapprehension of the legal doctrine 1) Summary of the facts charged is the victim D (a person who is in a marital relationship with the age of 45).

On February 9, 2015, around 23:00, the Defendant took a bath while engaging in a dispute with the victim in Songpa-gu Seoul E apartment No. 106 303, Songpa-gu, Seoul, 2015, and sprinked the victim with his hand, and the victim attempted to leave the victim's clothes from the front door of the damaged apartment, and the Defendant forced the victim to leave the victim's clothes.

At this point, the defendant who has the defect that the victim tried to request the rescue of the guard room through his personalphones.