1. A complaint in an offense subject to prosecution on complaint may be filed orally as well as in writing, with a declaration of intent to file a criminal fact with an investigative agency and seek the punishment of the offender;

However, a public prosecutor or judicial police officer who has received an oral complaint shall prepare a protocol, but the protocol does not need to be an independent protocol. In a case where an investigation agency examines a complainant as a witness or a victim, the statement contains an expression of intent demanding punishment of the offender, and if the declaration of intent is recorded in the protocol, the complaint is lawful.

(2) In cases where a complaint is revoked after a judgment of the court of first instance is rendered (Article 232(1) of the Criminal Procedure Act), the revocation of a complaint can only be made before the judgment of the court of first instance is rendered (see, e.g., Supreme Court Decision 201Do451, Jun. 24, 2011). Meanwhile, in cases where a complaint is revoked after the judgment of the court of first instance (Article 232(1) of the Criminal Procedure Act), there is no validity of revocation, and thus, in cases involving

(See Supreme Court Decision 84Do2682 delivered on February 8, 1985, etc.). Examining the record in light of the above legal principles, it is deemed that the victim’s expression of intent to demand punishment for the crime of inducing sexual intercourse is stated in the fourth written statement of the police officer against the victim at the time of the fourth written statement of the police officer at the time of the victim. Thus, the victim’s legitimate accusation against the charges of inducing sexual

In addition, as long as a written agreement, etc. containing the expression of intent of the victim who does not want the punishment of the defendant was submitted only after the court of the first instance sentenced to the judgment of the court of the court of the court below, it is not recognized as a cancellation

Therefore, the judgment of the court below which did not render a judgment dismissing prosecution on the facts charged of soliciting sexual intercourse in this case does not err by misapprehending the legal principles on the complaint subject to prosecution, complaint, and cancellation of complaint, as alleged in the grounds of appeal.

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