Criminal facts and the summary of evidence of the lower judgment are stated in the lower judgment.

1. First ground for appeal;

A. In the crime of non-violation of intention, the victim may withdraw his/her wish to punish the defendant before the pronouncement of the judgment of the first instance court (Article 232(3) and (1) of the Criminal Procedure Act), and no effect exists even after the judgment of the first instance court is rendered, and the withdrawal is made.

A person who has suffered from a crime of non-violation of will has expressed his wish not to punish him or has withdrawn his wish to punish him.

In order for recognition, the victim’s genuine intent should be expressed in a way that enables clear and reliable testimony (see, e.g., Supreme Court Decisions 2001Do1809, Jun. 15, 2001; 2009Do5658, May 13, 201). B. According to the record, following facts can be revealed:

(1) In the first instance trial 2017 High Order 2652, the Defendant was prosecuted by assault against the victim N.

The father V of the victim submitted the written agreement on October 26, 2017, which was in the process of the trial of the first instance, and the content does not raise any criminal objection against the defendant with respect to the obstruction of the business of the actual victim and the assault against N.

(2) On November 23, 2017, the presiding judge of the first instance trial pointed out the fact that the person who prepared the agreement is the victim N’s family at the third trial date, and concluded the pleadings by having the defense counsel disclose whether the agreement was reached with the victim N, and did not submit any data that expressed the victim N’s intent to punish the Defendant until November 30, 2017, which is the date of the first instance trial.

(3) On January 29, 2018, the Defendant submitted a written agreement with the victim N on January 29, 2018 and the lower court on January 23, 2018.

(c)

In light of the above facts, V submitted a written agreement on behalf of the victim N in the first instance trial.

Since there is no evidence to recognize, N does not wish to punish the defendant as the victim of the assault only by the self-agreement on October 26, 2017, submitted by V.