If the victim withdraws his/her wish to punish in the appellate trial, it is not effective as a withdrawal of his/her wish to punish the crime of non-compliance.

In this case, since the victim withdraws his/her wish to punish after the judgment of the court of first instance was rendered, the withdrawal is not a ground for dismissing the prosecution under Article 327 subparagraph 6 of the Criminal Procedure Act.

The ground of appeal against this cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.