The judgment of the court below is reversed.

The case is remanded to the Chuncheon District Court's original state branch.

1. The injured person expressed his/her wish not to punish the accused in light of the victim's statement in the original instance by itself with the content of the written agreement submitted to the lower court on the gist of the grounds of appeal;

Although the court below did not see the above declaration of intention, the court below declared the above declaration.

In light of the above, the court below dismissed the public prosecution of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of judgment.

2. Determination

A. Determination as to the legitimacy of the judgment dismissing the public prosecution by the court below 1) The injured party expressed his/her wish not to punish him/her or expressed his/her wish to punish him/her.

In order to be recognized, the victim’s genuine intent should be expressed in a way that enables clear and reliable testimony (see Supreme Court Decision 2003Do4934, Jun. 25, 2004). 2) In light of the following circumstances acknowledged by the record of judgment, the statement in the agreement submitted to the court below alone was expressed in a way that the victim’s genuine intent not to punish the defendant is apparent and reliable.

shall not be deemed to exist.

Therefore, the judgment of the court below is erroneous by misunderstanding the facts or misunderstanding the legal principles on the crime of non-compliance with will.

1. The written agreement submitted to the lower court on December 22, 2015, “FE will not prejudice each other in relation to this work, and will not prejudice each other in filing a criminal complaint.

“A” and “A” respectively.

f. An agreement that no action of any accusation or accusation against E shall be taken after this hour.

“......”

In light of the above language and text of the statement, the party that would not file a mutual complaint, accusation, etc. is F and the victim, and in relation to the defendant, F that represented the defendant files a complaint against the victim.