A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 27, 2013, the Defendant was sentenced to six months of imprisonment for a violation of road traffic laws at the Ulsan District Court on December 27, 2013, and completed the execution of the sentence at the Ulsan District Court on June 3, 2014. On May 16, 2017, the Defendant was sentenced to five months of imprisonment for a crime of fraud at the same court on May 16, 2017, and the judgment became final and conclusive on February 10, 2018.

1. In relation to the assault, the Defendant appeared on the fourth public trial date prior to the escape of the Defendant on October 12, 2017 and did not want to punish the Defendant because “The Victim C was solely agreed with the Defendant with respect to this case.”

“Although the written agreement under the name of the victim C was submitted to this Court. However, as a result of this court’s confirmation of the victim’s intent of the agreement or of the non-existence of punishment by phone call to the victim, it would be appropriate for the Defendant to prepare the written agreement at the request of the victim at the time, but the Defendant would repay the damage within the nearest time.

The agreement was made by making a letter of commitment and a written agreement was made, but no contact was made with the defendant at all, and the defendant did not receive the amount of damage reimbursement made by the defendant until now. At present, the agreement with the defendant is null and void and the defendant is punished.

“The statement was made to the effect that it was “.”

In the crime of non-violation of intention, the victim’s expression of wish not to punish or the withdrawal of the wishing to punish the victim ought to be expressed in such a way that the victim’s genuine will is obvious and reliable (see, e.g., Supreme Court Decision 2001Do1809, Jun. 15, 2001). In full view of the above circumstances, the agreement in the name of the victim C submitted by the defendant on the date of the fourth public trial alone was expressed in such a way that the victim C’s expression of wish not to punish the above victim is true, clear, and reliable.

§ 23.