The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules

Meanwhile, according to Article 232(3) and Article 232(1) of the Criminal Procedure Act, it can be said that the victim expresses his/her wish not to punish or withdraws his/her wish to punish in the so-called crime against the victim’s explicit intention, which cannot be prosecuted against the victim’s explicit intention, prior to the pronouncement of the judgment of the first instance, and it is invalid that the latter is conducted.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the crime of non-prosecution in favor of the defendant, on the ground that the defendant's assertion in this case is based on the judgment of the court of first instance. Thus, even if the defendant's assertion in this case is based on the judgment of the court of first instance, the judgment of the court below did not dismiss the defendant against the judgment of the court of first instance.

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