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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. 1) In light of the fact that: (a) the Defendant attached the victim’s hand on one occasion; (b) the Defendant committed an act of preventing the victim from suffering by playing sound; (c) the Defendant was trying to talk with the victim; and (d) there was no intention to infringe on the victim’s freedom of conduct; and (e) there was no fact that the Defendant detained the victim for ten minutes as indicated in the facts charged. 2) In light of the fact that the Defendant maintained close relationship with the victim at the time of the instant case and thereafter, the Defendant’s act constitutes a justifiable act that does not violate the social rules.
B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.
2. Determination
A. In full view of the following circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts and misapprehension of legal doctrine, the Defendant’s act of confinement and the intent of confinement may be recognized. The victim made a consistent and concrete statement with regard to the circumstances under which the Defendant was detained from the investigative agency to the lower court, the circumstances leading up to the Defendant’s occurrence of confinement (such as the victim’s loss to be taken off from the vehicle, and the victim’s loss to be taken out from the vehicle) and the situation of confinement (the victim’s loss to be taken out from the vehicle), etc. The witness G tried at the investigative agency to hear the sound of the victim, and tried to get the victim to get off from the Defendant’s vehicle. At the time, the victim’s statement was made to the effect that “I am off from the Defendant’s vehicle,” and that “I am off the victim’s “I am off from the Defendant’s vehicle,” and that the victim should make a report to the police report.”
In full view of the above circumstances, the victim’s statement is credibility.