The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment for eight months, the suspension of the execution of two years, the community service order 80 hours, and the lecture attendance order 40 hours) is too unreasonable.

B. The prosecutor’s sentence of the lower court (limited to eight months of imprisonment, two years of suspended execution, 80 hours of community service order, and 40 hours of order to attend a lecture) is too unhued and unreasonable.

2. Ex officio determination

A. Among the facts charged in the instant case, each assault against the victims cannot be prosecuted against the clearly expressed intent of the victims pursuant to Article 260(3) of the Criminal Act, as a crime falling under Article 260(1) of the Criminal Act.

On the other hand, in order to recognize that the victim has expressed his wish not to punish or withdrawn his wishing to punish, the victim must be expressed in a way that is obvious and reliable in order to recognize that the victim has expressed his wish not to punish.

(1) In light of the aforementioned legal principles, whether the legal representative of the victim’s minor is included in the intent of the victim himself/herself should be determined by comprehensively taking into account the type and content of the subject case, the age of the victim, the actual subject and content of the agreement, the circumstances before and after the agreement, the attitude of the legal representative and the victim, etc.

(See Supreme Court Decision 2009Do5658 Decided May 13, 2010, etc.). In full view of the following circumstances acknowledged in light of these legal principles, the mother, who is the legal representative of the victimized child, submitted a written agreement and a written application for no punishment at the lower court. In so doing, the mother, who is the legal representative of the victimized child, submitted the written agreement and written application for no punishment at the lower court. On the other hand, it is deemed that the mother of the victimized child, who is indicated in the above agreement and written application for no punishment, expressed his/her intention not to punish the victimized child, includes his/her intention. On the other hand, the mother of