The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On July 16, 2017, the Defendant, with respect to the mistake of facts or misapprehension of legal principle, is only the Defendant’s act of confinement, and the Defendant is only the Defendant’s act of assaulting the victim, or Jinsung-gun (hereinafter “Jinsung-gun”).

On the east Sea, there was no agreement on the victim's arrest while moving to the seaside and talking about music.

Nevertheless, the judgment of the court below which recognized the probative value of the victim's statement and recognized that the defendant detained the victim is erroneous in misconception of facts or misapprehension of legal principles.

(1) The statements made by the defendant and the victim concerning the circumstances in which the defendant was boomed, and the motive and circumstances in which the defendant detained the victim are inconsistent or objective evidence is contrary to objective evidence.

② Not only the Defendant but also the victim was unable to make a detailed statement on one side from the Defendant and the victim.

According to the victim's statement, it is doubtful whether it is possible to take a bath for 3 hours on the part of the victim after the defendant was on board the vehicle, and it is also difficult to easily understand that the victim has heard the Defendant's bath without any particular resistance without requesting the victim's escape or assistance during that period.

③ The proprietor of the telecom stated that the Defendant and the victim did not feel any particularly abnormal points at the time of entering the telecom.

④ Although the lower court acknowledged the credibility of the victim’s statement on confinement part on the premise that the Defendant had raped the victim four times, the lower court should not recognize the credibility of the victim’s statement on the grounds of the circumstances after the act was committed.

(5) The crime of confinement may be established, since the victim seems to have been able to escape from the confinement place by easily requesting assistance, such as duplicating toilets at the time of the vehicle with the defendant.