The prosecutor's appeal is dismissed.

1. On May 16, 2013, when a judicial police officer prepared an interrogation protocol on a victim on the grounds of appeal, it is difficult to view that the victim expressed his/her intent not to punish the Defendant in a way that it is obvious and reliable that the victim would manifest and believe that “the victim would not want punishment” and “the victim would not want punishment.” The victim clearly expresses his/her intention to punish the victim to the prosecution later.

Nevertheless, the lower court rendered a judgment dismissing prosecution on this part of the facts charged by deeming that the victim voluntarily withdrawn his/her wish to punish the Defendant.

The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. After recognizing the facts as stated in its reasoning, the lower court determined that, in full view of the various circumstances, the victim’s expression of intent to punish was withdrawn, and that the victim’s expression of intent to punish was expressed in a way that is obvious and reliable, and that the subsequent expression of intent to punish was invalid.

Examining the record, the fact-finding and decision of the court below is just, and there is no error of law such as misconception of facts as alleged in the grounds of appeal.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.