The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

【Judgment on Grounds for Appeal】

1. The judgment of the court below that dismissed a public prosecution on the ground that the victim did not express his/her explicit intent that he/she does not want the punishment of the defendant is erroneous in the judgment of the court below that dismissed the public prosecution on the ground that there is such expression of intention.

2. In order to recognize that the victim expressed his/her wish not to punish or withdraws his/her wishing to punish in the crime of non-violation of intention, the victim’s true intent should be expressed in a way that is obvious and reliable.

(2) On July 28, 201, 201, the victim D received a letter from the defendant on July 31, 2013, which was the day of the instant case, that “the victim would not process the case,” and “F would not process the case.” At the time of the instant case, F would be difficult to realize the case only after the date when the victim did not indicate the specific amount of hospital treatment expenses and later if the problem is not indicated in the contents of hospital treatment expenses,” and the victim responded to the statement that “the victim would know about how the complaint was made during the instant case,” and that F would not perform the treatment of the case by stating that “the victim would not have been punished until the victim would have expressed his wish to pay treatment expenses by the means of accusation against the defendant,” but it is acknowledged that the victim would not have expressed his wish to do so by the means of accusation against the defendant, and that the victim would not have promised to do so.”