Effect of withdrawal of declaration of intention to punish after the judgment in appeal.

In accordance with the provisions of Article 232(3) and (1) of the Criminal Procedure Act, a declaration of wish not to withdraw or punish a person who wishes to be punished in the crime of non-violation of will may be made until the judgment of the court of first instance is rendered, and no subsequent declaration of intention is effective. Therefore, even if an agreement with the victim is concluded after the judgment of the appellate court, and the victim does not want the punishment of the defendant, the judgment of the

Articles 232 and 391 of the Criminal Procedure Act

Supreme Court Decision 82Do2860 Delivered on February 8, 1983, 83Do893 Delivered on May 24, 1983

Defendant

Defendant

Daejeon District Court Decision 85No456 delivered on December 26, 1985

The appeal is dismissed.

We examine the grounds of appeal.

In accordance with Article 232(3) and (1) of the Criminal Procedure Act, an expression of intent which does not wish to withdraw or punish a person who wishes to be punished in the crime of non-violation of will may be made not later than the time the court of first instance rendered a judgment, and no later declaration of intention is effective. Thus, as in the theory of lawsuit, even if an agreement with the victim is concluded after the declaration of the judgment of the court below, and the victim does not want the punishment of the defendant,

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju