The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s assertion of misunderstanding of facts (the fact of injury caused by confinement) is not reliable. Even if the victim made a false statement on the part concerning the sexual relation between the Defendant and the victim, the victim’s statement on the injury caused by confinement is credibility in the victim’s statement related to the injury caused by confinement, in light of the detailed and consistent point of view.

Therefore, according to the statement made by the victim F, it is recognized that the defendant detained the victim on the passenger car operated by the defendant and inflicted an injury upon the victim requiring approximately two weeks of medical treatment.

B. The lower court’s sentence (six months of imprisonment) against the Defendant claiming unfair sentencing is too uneased and unreasonable.

2. Determination

A. The lower court rendered a judgment of innocence on the prosecutor’s assertion of mistake of facts on the following grounds after comprehensively taking into account the circumstances acknowledged by the evidence duly examined and adopted by the lower court.

According to the evidence duly adopted and examined by the court, although the defendant was found to have inflicted an injury upon the victim by putting the victim's head at the time and place indicated in this part of the facts charged, it is difficult to believe that the victim's statement appears to correspond to the facts charged of confinement in light of the following circumstances recognized by the record and pleading, and the evidence submitted by the prosecutor, including the victim's statement, is insufficient to recognize the defendant's intent of confinement.

First of all, with respect to the circumstances in which the victim was aboard the defendant's vehicle, the victim's statement made by the investigative agency was completed the business of E entertainment tavern operated by the defendant and the defendant tried to get back to the defendant's house, and the defendant was born.