The guilty portion shall be reversed.

Of the facts charged in the instant case, assault against the victim E.

Since only the defendant appealed against the guilty portion of the judgment below, the dismissal of prosecution without the prosecutor's appeal became final and conclusive as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

Summary of Grounds for Appeal

Since the defendant agreed with the victim E in the court below, the court below did not render a judgment dismissing the public prosecution, which erred by misunderstanding facts and misunderstanding legal principles.

Judgment

Of the facts charged in the instant case, the charge of assault against the victim E is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the clearly expressed intent of the victim under Article 260(3) of the Criminal Act.

According to the records, the victim E has withdrawn his/her wish to punish the defendant by submitting a written agreement to the court below on March 20, 2020, which was prior to the pronouncement of the judgment below after the institution of the instant indictment.

Therefore, as to this part of the facts charged, a judgment to dismiss the prosecution should be sentenced pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

Nevertheless, the lower judgment that found the Defendant guilty of this part of the facts charged is unlawful.

The defendant's assertion pointing this out is with merit.

In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and it is again decided as follows.

[C] Of the facts charged in the instant case, the Defendant paid a taxi fee to B in D-si operated by B, which stops in front of the exit 2 times in the mid-gu Seoul Metropolitan Government, on September 14, 2019, at around 03:50, and without any justifiable reason.