The prosecution of this case is dismissed.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A. At around 01:30 on April 19, 2018, the Defendant: (a) committed assault by the Defendant on the ground that the victim D (25 years of age) who is an employee of the Gu Government-si, was unable to extend the game time due to a sudden drinking time; and (b) the Defendant’s spiting of the floor, on the ground that the Defendant’s spiting of the floor is bad, she was blicked with the victim’s face.

B. The facts charged in the instant case cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act, as an offense falling under Article 260(1) of the Criminal Act.

According to the records of this case, since the defendant agreed with the victim on July 9, 2018 and submitted to the court a written agreement stating the victim's intent not to punish the defendant on July 10, 2018, which was prior to the pronouncement of the judgment below, the court below should have dismissed the prosecution of this case by means of a judgment pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in applying Article 327 subparagraph 6 of the Criminal Procedure Act.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court】

1. The facts charged No. 2-A

same as the entry in the subsection.

2. Determination No. 2-B

As examined in the paragraph, the case where a defendant cannot be punished against the clearly expressed will of the victim does not wish to punish the defendant.