A. As to each of the facts charged in the instant case, the victim submitted the instant written agreement to an investigative agency on February 20, 2017, but it was not confirmed whether the victim was the victim, and the victim’s guidance is unclear in the part of the victim seeking no penalty, and the content of the said written agreement was reversed on February 27, 2017, and was conducted in such a way as to make it clear and reliable that the victim’s withdrawal of wish to punish the victim’s wishes to punish the victim pursuant to the instant written agreement.

Although the judgment of the court below cannot be seen otherwise, the court below erred by misapprehending the facts.

B. The sentence of the court below against the unfair defendant in sentencing (the punishment of 60,000 won is too uneased for the violation of the Punishment of Minor Offenses Act, 8 months of imprisonment, 2 years of suspended sentence, 80 hours of community service, 40 hours of violent treatment lectures, and 40 hours of violent treatment lectures) is unfair.

2. Judgment on the grounds for appeal by the prosecutor

A. 1) As to the assertion of mistake of fact, the victim expressed his wish not to punish or withdrawn his wishing to punish in the crime of non-violation of the relevant legal doctrine.

In order for recognition, the victim’s genuine intent should be expressed in a way that enables clear and reliable testimony (see Supreme Court Decision 2001Do1809, Jun. 15, 2001). Such expression of intent can be carried out to an investigative agency if it is before the judgment of the first instance is pronounced even after the prosecution was instituted. However, it is impossible to withdraw the expression of intent not to punish again or express the wish to punish again (see Supreme Court Decision 2007Do3405, Sept. 6, 2007, etc.). 2) The following facts charged are revealed through the records of judgment, the investigation process as to this part, the preparation and submission process of the instant agreement, and the submission of the written agreement after the submission of the written agreement.