The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

However, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the Defendant had no intent to detain the victims at the time of committing the instant crime, and the Defendant’s act infringed upon the victims’ physical freedom.

It is also difficult to see it.

B. The punishment of the lower court (eight months of imprisonment and one year of suspension of qualifications) is too unreasonable.

2. Determination

A. Fact-finding assertion 1) The crime of confinement is a crime that makes it impossible or extremely difficult for a person to leave a specific area by benefiting from the protection of the person’s freedom of action. As such, not only physical and tangible obstacles but also psychological and intangible obstacles that make it impossible or extremely difficult for a person to move into a specific area, and the essence of confinement is not limited to the means and methods that restrict the freedom of action by restricting the freedom of action, and thus, means and methods are neither tangible nor intangible nor intangible, nor any deprivation of the freedom of action by a person under confinement is not necessarily required. Thus, a certain freedom of life is allowed within a specific area under confinement.

Even if there is no complaint on the establishment of the crime of confinement (see Supreme Court Decision 2010Do5962, Sept. 29, 2011). Taking into account the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, it can be recognized that the defendant made it impossible or extremely difficult for the victims to move into the youth room as stated in the judgment of the court below as stated in the judgment of the court below. Since the defendant's intention of confinement is sufficiently recognized, the defendant's mistake of facts is without merit.

① The Defendant caused the collision before the entrance, and threatened the victims as they did, and assaulted C several times for a period of about 1 hour and 30 minutes.