The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the point of detention on February 29, 2016) are likely to result in a mental hospital to treat alcohol addiction because the Defendant experienced frequently the problem behavior caused by drinking alcohol by the victim. A mental health specialist diagnosed the necessity of hospitalization of the victim and consented to the Defendant in making a decision of hospitalization. Therefore, the lower court’s judgment that found the Defendant guilty of this part of the facts charged is erroneous or misunderstanding of legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s imprisonment (six months of imprisonment) is too unreasonable.

B. A prosecutor 1) misunderstanding of facts (the detention on January 27, 2016) made a false statement to the victim to the effect that there was a violence and habits caused by drinking alcohol, even though there was no need for hospitalization or there was no need for hospitalization, and issued a diagnosis to the mental health specialist that there was a need for a medical specialist to be hospitalized. As such, the Defendant’s act of forcing the victim from January 27, 2016 to be hospitalized into a hospital from January 27, 2016 is illegal, and it can be deemed that there was an intentional confinement in light of the Defendant’s behavior and attitude during the period of hospitalization. Nevertheless, the lower court acquitted this part of the facts charged, which erred by misapprehending the facts, thereby affecting the conclusion of the judgment, and thus, is unreasonable.

2. Determination

A. Determination of the prosecutor’s assertion of misunderstanding of facts (the point of detention on January 27, 2016) 1) Article 24(1) of the Mental Health Act (wholly amended by Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (Act No. 14224, May 29, 2016) prior to the wholly amended Act on the Mental Health Act (wholly amended by Act No. 14224, May 29, 2016) provides that