The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment is too unfilled.

2. Determination:

A. Determination ex officio) According to Article 232 of the Criminal Procedure Act, a complaint may be withdrawn prior to the rendering of a judgment in the first instance court. However, once the complaint is withdrawn, a person who seeks punishment shall not file another complaint. This legal doctrine likewise applies to the withdrawal of his/her wishing to punish in a case which cannot be prosecuted against the victim’s explicit intent. Therefore, in order to recognize that the victim expressed his/her wish not to punish, it shall be expressed in a way that is obvious and reliable. However, even if such intent is explicitly expressed, even if the victim withdraws his/her wish and again expresses his/her wish to punish, the offender shall not be punished (see Supreme Court Decision 2008Do10183, Jan. 15, 2009). On the other hand, the court did not ex officio investigate and determine whether the Defendant submitted his/her statement of wish not to punish the said complaint from 200 to 140 days prior to the withdrawal of the complaint, and on the other hand, did not conclude the agreement within 2014 days prior to 20130 days.