정보통신망이용촉진및정보보호등에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal stated that E, the complainant, without any condition on January 12, 2012, stated that he/she does not want the punishment of the defendant and made a decision not to prosecute him/her, and thus, the procedure of prosecution is invalid in violation of the provisions of Acts and subordinate statutes. However, it is reasonable to view that the complainant stated that he/she does not want the punishment at the time was a conditional declaration of intention that he/she does not want the punishment if the complainant arranged the monetary relationship smoothly. Therefore, the court below erred by misapprehending the legal principles or misapprehending
2. In order for the victim to be recognized as having withdrawn his/her wishing to punish against the crime of non-compliance with judgment, the victim's true intent should be clearly expressed (see, e.g., Supreme Court Decision 2001Do1809, Jun. 15, 2001). The court below duly adopted and examined evidence as follows: ① under investigation by the prosecutor's office of the Cheongju District Prosecutors' Office No. 503, Jan. 12, 2012, the complainant stated that "I will not want punishment," and stated that "I will not want punishment," and it appears that I would not explicitly add the conditions such as the defendant's monetary repayment, etc., as stated in the prosecutor's question "I will not want punishment," and the complainant's statement that "I will not know or will not know about the facts not stated or will not know about" after the examination of the above substitute statement, and that the complainant's statement was not well known to the purport that it interfere with the defendant's accusation.