The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Of the facts charged of this case, violence is committed.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Ex officio determination of the facts charged of assault and assault under Article 260(1) of the Criminal Act constitutes the crime of assault and assault under Article 260(3) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act.

A declaration of wishing not to withdraw or punish an expression of wishing to punish in a crime of non-violation of will may be made before the judgment of the court of first instance is rendered (Article 232(1) and (3) of the Criminal Procedure Act). Since the absence of an expression of wishing not to punish is a passive litigation condition and constitutes an ex officio investigation, the absence of an expression of intent not to punish should be investigated and determined ex officio even if

(See Supreme Court Decision 2019Do10678 Decided December 13, 2019, etc.). According to the records, the agreement submitted to the court below as of March 11, 2020, among the facts charged in this case, expressed that the victim of assault among the facts charged in this case expressed his/her intention not to be punished by the defendant around March 11, 2020 (the 25th page of the trial record), the court below dismissed the prosecution as to the facts charged in assault pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

Nevertheless, the judgment of the court below which found the above facts charged guilty is erroneous in the misapprehension of legal principles as to the crime of non-compliance with opinion, which affected the conclusion of the judgment.

3. As such, the part of the judgment of the court below on the ground that there is an ex officio reversal of the above, and the remaining crimes are treated as concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below which rendered a single sentence is reversed in its entirety. Thus, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed in its entirety under Article 364 (2) of the Criminal Procedure Act

【Discied Judgment】 Criminal facts.