The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the Defendant asserted in the reasoning of appeal that there was a ground for dismissing the public prosecution by mutual agreement with the victim C as to the insulting part of the facts charged in the instant case, and even though at the first public trial date of the lower court, the Defendant stated the reasons for appeal as above and did not clearly withdraw the assertion as to the grounds for dismissing the public prosecution, the lower court did not determine the grounds for dismissing the public prosecution by deeming the Defendant’s grounds for appeal to be unfair on the grounds of sentencing

However, according to Article 232(1) of the Criminal Procedure Act, revocation of a complaint against a crime subject to victim's complaint can only be made before the judgment of the court of first instance is rendered. Therefore, in a case where a complaint is revoked after the judgment of the court of first instance is rendered, the judgment dismissing the public prosecution pursuant to Article 327(5) of the same Act cannot be rendered.

According to the records, the victim C submitted a written agreement to the court of the original instance on May 13, 2020, which was after the judgment of the court of first instance was rendered. Thus, the cancellation of complaint has no effect.

Such omission of judgment by the court below cannot be deemed to have affected the conclusion of the judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.