The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The judgment of the court below that convicted the Defendant on the ground that the Defendant did not submit a written agreement at the time when the judgment of the court below was pronounced, citing the date and time of the sentence, is unreasonable

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to Article 232(1) and (3) of the Criminal Procedure Act regarding the assertion of mistake of facts and misapprehension of legal principles, cancellation of complaint in a crime subject to victim's complaint and withdrawal of declaration of wishing to punish in a crime subject to victim's complaint can only be made before the judgment of the first instance is rendered

Therefore, in a case where a complaint is revoked or a declaration of wishing to punish is withdrawn after a judgment of the court of first instance is rendered, it cannot be tried to dismiss the public prosecution under Article 327 subparagraphs 5 through 6 of the Criminal Procedure Act.

In addition, the withdrawal of the declaration of intent to revoke or punish a complaint is a legal act against the investigation agency or the court, so it should be done with the investigation agency in charge of the case of complaint and the court of the lawsuit after the prosecution.

(2) Article 232(3) and (1) of the Criminal Procedure Act provides that “A person who intends to file a written agreement with a court of the original instance may file a written agreement (the 29 pages of the public trial record) stating his/her intent not to punish a victim on December 20, 2018 after the lower judgment was rendered.” The record reveals that the Defendant submitted the written agreement to the court of the original instance on December 20, 2018 (the 29 pages of the public trial record). Therefore, even if the Defendant submitted the written agreement to the court as above, it has no effect as the withdrawal of his/her wish to punish a person who wishes to do so in the crime of

Therefore, this part of the defendant's argument is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing is favorable to the point that the Defendant made an original agreement with the victim on the argument of unfair sentencing.

In addition, the circumstances of the crime of this case, the circumstances after the crime, the character and conduct of the defendant, the environment, etc.