A. The victim of the assault committed on May 23, 2012 by the public prosecutor does not clearly express his/her intention not to punish the Defendant, but merely said that the police officer called the “satisfing” to the police officer dispatched by the Defendant due to his/her retaliation.

Therefore, the judgment of the court below which dismissed the prosecution of assault by recognizing that the above victim expressed the defendant's intention not to punish the defendant around May 23, 2012 is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

B. Defendant 1) Defendant 1 was in the state of mental or physical disability due to drinking at the time of the instant crime. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment and ten months of imprisonment for each of the crimes of No. 4 of the judgment below) is too unreasonable.

2. Determination

A. In order to recognize that the victim expressed his/her wish not to punish or withdraws his/her wishing to punish for a crime of anti-violation punishment against the prosecutor's grounds for appeal, the victim's genuine intent should be expressed in a way that is clear and reliable. Such expression of intent can also be made to an investigative agency if the judgment of the court of first instance is pronounced even after the prosecution is instituted. However, it is impossible to withdraw his/her wish not to punish again or indicate his/her wish to punish again after the explicitly indicated one time.

(See Supreme Court Decision 2007Do3405 Decided September 6, 2007). According to the evidence duly adopted and investigated by the court below and the court below, the defendant assaulted the victim at the main station operated by the victim on May 23, 2012, and the police officer was dispatched at the time, and the victim expressed that the police officer “it is not wanting to be punished because it may cause damage to the child,” and that the victim talked that the police officer would be able to cause damage to the child. After that, the victim injured the defendant on June 23, 2012.