The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Summary of Grounds for Appeal

On September 14, 2017, when the defendant and the defendant agree on the criminal case of occupational embezzlement of the victim, the victim renounced all of the defendant's wage and retirement allowance claims against the defendant.

After the crime of this case was committed, the victim renounced his claim for wages and retirement pay.

Even if a crime is established, it does not affect the establishment of the defendant's appeal, and if the defendant acted in the grounds for appeal, it can be understood that the public prosecution of this case should be dismissed because the victim expressed his intention not to punish the defendant by abandoning the above claim, and the court below also judged that the defendant's assertion was reported.

Judgment

In the crime of non-compliance with the defendant's argument, the victim expressed his/her wish not to punish him/her.

In order to recognize that the victim has withdrawn his/her wish to punish or have withdrawn his/her previous wish to punish, the victim must be expressed in a way that is obvious and reliable.

(See Supreme Court Decision 2012Do3166 Decided September 13, 2012). In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, an agreement was concluded between the victim’s agent F and the Defendant, the representative of the D (the victim of the crime of embezzlement) on September 14, 2017, which can be recognized by the evidence duly adopted and examined by the lower court, and whether the victim’s waiver of the claim for wages or retirement allowances against the Defendant under the interpretation of paragraph (8) can be seen as a waiver of the claim for wages or retirement allowances of the Defendant, separate from whether the said agreement can be seen as a waiver of the claim for wages or retirement allowances against the Defendant, and there is no evidence to acknowledge that the victim or his agent expressed his/her intent not to be punished. In so doing, it cannot be deemed that the victim expressed his/her intent not to prosecute each of the crimes of this case in a clear and reliable manner.