All appeals by the defendant and prosecutor are dismissed.

1. An applicant for compensation within the scope of the inquiry of this Court is not entitled to file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The court of first instance rejected the application for compensation by the applicant for compensation, and was immediately finalized as the applicant for compensation is not entitled to appeal against this part.

Therefore, the rejection of an application for compensation order among the judgment of the court of first instance is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. Defendant 1) Although there was an indication of the victim’s intention not to prosecute the above facts charged prior to the pronouncement of the first instance judgment as to the assault among the facts charged, Defendant 1 did not dismiss the prosecution and erred by misapprehending the legal principles or misapprehending the legal principles in the judgment of the first instance court that found the guilty.

2) The sentence of the first instance judgment (a 10 months of imprisonment and a fine of 100,000 won) against an unfair defendant in sentencing is too unreasonable.

(b) The sentence of the first instance judgment against the defendant by the Prosecutor is too unhued and unreasonable;

3. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the crime of assault under Article 260(1) of the Criminal Act is an offense against which a public prosecution cannot be instituted against the victim’s express intent. In the judgment on the crime of non-prosecution, it should be confirmed that the victim’s expression of wish not to punish or withdrawal of wishing to punish has been expressed in a way that is obvious and reliable by the victim’s genuine intent.

In light of the above legal principles, a thorough examination of the circumstances before the pronouncement of the judgment of the first instance court, and the materials submitted by the time the judgment of the court of first instance is rendered, even if the injured party’s intention not to be punished against the accused, the materials or circumstances supporting that the injured party clearly expressed the method of trust and good faith before the judgment of the court of first instance is rendered.