The prosecutor's appeal is dismissed.

1. The lower court that rendered the judgment dismissing the public prosecution, even though the victim did not clearly and clearly express his/her intention that he/she does not want the punishment of the Defendant regarding the instant assault, is unlawful.

2. The lower court rendered a judgment dismissing the prosecution as to the instant assault, by deeming that the police officer dispatched to the victim on the day of the instant case explicitly expressed his/her intention not to punish the Defendant, based on the facts and circumstances stated in its reasoning.

In addition to the circumstances indicated by the lower court, the following circumstances acknowledged by the record, ① the victim had already expressed his intention to punish the instant assault on July 29, 2018, which occurred on or around February 2019, and ② the victim again expressed his intention to punish him, ② the victim reported his intention to punish him twice or twice, and one of them expressed his intention not to punish the Defendant. One of the two cases is the facts charged in this case. The victim was accused of the complaint and the net injury. In this case, the victim had already used the Defendant as to the instant case, and the victim appears to have correctly expressed his intention to punish him as a response, and the victim can not be deemed to have erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment, and thus, the judgment of the lower court did not err by misapprehending the legal principles.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.