The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

1. The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In this case, the argument that the judgment of the court below did not recognize the mental disorder of the defendant does not constitute a legitimate ground for appeal.

2. It shall be deemed ex officio.

A. In the so-called crime of non-prosecution of intention, the absence of the expression of intention not to punish is a passive litigation condition and subject to ex officio investigation. Thus, even if a party did not assert as the grounds for appeal, the court below should investigate and determine it ex

Article 260(3) and Article 283(3) of the Criminal Act provide that a crime of assault and intimidation may not be prosecuted against the express will of the victim. Article 232(3) and Article 232(1) of the Criminal Procedure Act provides that a person who wishes to punish may withdraw his/her expression of intent prior to the pronouncement of the first instance judgment in a case in which a crime cannot be prosecuted against the express will of the victim.

According to the records, on July 16, 2015, prior to the judgment of the court of first instance, the defendant's defense counsel submitted to the court of first instance a written agreement in the name of the victim stating that "the victim shall agree with the defendant about this case and shall not raise a civil or criminal objection against this case, etc. in the future," and that "the victim shall not want punishment against the defendant any longer in relation to this case."

Examining these facts in light of the legal principles as seen earlier, the victim withdrawn his/her wish to punish the defendant before the pronouncement of the judgment of the court of first instance. Therefore, the lower court’s determination on the crime of assault and intimidation among the facts charged in the instant case pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.