The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant is strictly punished for not being aware of the victim during the suspension period of the execution of the crime of this species, and for not being aware of the fact that the defendant had been punished for driving under the influence of alcohol or driving without a license, even though he had twice the record of punishment for driving without a license.

However, the victim of the crime of confinement and the defendant agreed with the victim during the investigation stage, the defendant recognized the criminal act of confinement that was denied in the trial stage, the extent of damage caused by the criminal act of confinement and that the residents want to leave the defendant's wife against the defendant, the defendant's age, character and behavior, intelligence and environment, motive, means and result of the crime, etc., all of the sentencing factors including the defendant's age, character and behavior, intelligence and environment, the circumstances after the crime are unfair, and thus, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance

Application of Statutes

1. Relevant Article 276(1) of the Criminal Act for the crime (the point of confinement) and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018)

(a) The same shall apply;

[2] Article 148-2(2)3, Article 44(1)(a) of the Road Traffic Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (a non-licensed driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse;