The validity of withdrawal of wishing to punish a person who has committed a crime under the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents after sentencing in the first instance.

If a victim expresses his/her wish to punish a person who commits a crime under the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents at the investigation stage, but the victim reconciliations with the defendant and withdraws his/her wish to punish him/her after the judgment of the court of first instance, such withdrawal shall not be effective in accordance with Article 232 (3) and (1) of the

Articles 232(3) and 232(1) of the Criminal Procedure Act, Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents

Supreme Court Decision 82Do2860 Delivered on February 8, 1983

Defendant

Defendant

Suwon District Court Decision 82No1103 delivered on March 11, 1983

The appeal is dismissed.

The grounds of appeal are examined.

1. On the first ground for appeal:

According to the evidence produced by the judgment of the court below, it is sufficient to recognize the facts of the judgment against the defendant, and it cannot be found that there is an error of violation of the rules of evidence such as the theory of lawsuit.

2. On the second ground for appeal:

According to Article 232(3) and (1) of the Criminal Procedure Act, withdrawal of expression of intent which wishes to punish in the crime of non-violation of will can be made before the judgment of the court of first instance. Accordingly, even if such withdrawal is made after the judgment of the court of first instance. According to the records, it is clear that the victim has withdrawn his wish to punish the defendant in the investigation stage after the judgment of the court of first instance was rendered after the judgment of the court of first instance. Thus, such withdrawal shall not be effective. Thus, the court below is justified in the application of the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in this case, and it shall not be adopted to criticize the judgment of the court below

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

Justices Lee Chang-chul (Presiding Justice)