The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. (1) The misunderstanding of facts and misapprehension of legal principles consider the victim as the office of the building adjacent to C cafeteria with the consent of the victim in order to receive the price of supply from the injured party, and the defendant and the injured party did not commit assault and injure the victim in the process. The agreement made between the victim and the defendant was made in accordance with the free will of the injured party in the presence of the counsel employed by the defendant, and thus, the defendant's receipt of the price of supply pursuant to the above agreement constitutes legitimate and justifiable exercise of rights or self-help or legitimate acts, and the victim voluntarily left the I hotel until the payment of the price of supply is confirmed, and thus, the victim was detained in the manner that the freedom of communication and behavior was guaranteed.

It is difficult to see it.

Therefore, the court below erred by misunderstanding the facts and misunderstanding the legal principles that found all of the charges of this case guilty.

2. The punishment of the lower court (two years of imprisonment) that was unfair is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the existence of jurisdiction over this part of the crime (ex officio determination) and the provisions of Articles 5 and 6 of the Criminal Act, where a foreigner commits a crime in a foreign country, the Criminal Act of the Republic of Korea applies only when the crime is committed against the Republic of Korea or a national of the Republic of Korea except for the crimes listed in subparagraphs 1 through 7 of Article 5 of the Criminal Act, and the crime is committed against the Republic of Korea or a national of the Republic of Korea. Here, the term “when the crime is committed against the Republic of Korea or a national of the Republic of Korea” means the case where the crime directly infringes on the legal interests of the Republic of Korea or a national of the Republic of Korea.

In addition, foreigners are in accordance with the main sentence of Article 6 of the Korean Criminal Code.