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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant: (a) On January 9, 2018, the victim expressed his wish not to punish the Defendant, and the facts charged in the instant case cannot be prosecuted against the victim’s explicit intent; (b) the lower court rendered a different substantive judgment despite having rendered a judgment dismissing the prosecution. (c) Despite the fact that the Defendant was in dispute with the victim and did not assault the victim, the lower court rejected the statement of F and K at the site and convicted the Defendant on the basis of the victim’s statement without credibility.
B. Prosecutor: The Prosecutor: the lower court’s sentence of unreasonable sentencing (one million won of a fine) is too uneased and unreasonable.
2. Determination
A. Whether there was an expression of intent not to punish a person who wishes to prosecute (i) whether there was an expression of intent not to prosecute, and (ii) in the case of an indictment, the prosecution procedure becomes unlawful and void, and thus, the judgment dismissing a public prosecution becomes subject to a judgment dismissing a public prosecution. However, in order to recognize that an expression of intent not to prosecute a person who wishes to prosecute was declared, the victim’s genuine intent must be expressed in a way that is apparent and reliable (see Supreme Court Decision 2010Do150, 2010Do83, Nov. 11, 2010). 2) The lower court also asserted as the same reason for appeal in this part, and the lower court rejected its assertion in its judgment under the title “determination on the grounds of dismissing a public prosecution” as stated in the judgment of the lower court.
In full view of the following circumstances acknowledged by the records of this case, it is difficult to view that the victim’s genuine intent not wishing to punish in this case was expressed in a way that enables clear and trust, and thus, there is no error of mistake or misunderstanding of legal principles as pointed out by the defendant.