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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. It is difficult to view that the victim’s intent not to punish intimidation among the facts charged in the instant case was expressed in a clear and reliable manner.
Nevertheless, the judgment of the court below which dismissed this part of the prosecution is erroneous and adversely affected by the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution and probation in six months of imprisonment) is too uneased and unreasonable.
2. Determination
A. In order to recognize that the victim expressed his/her wish not to punish or withdraws his/her wishing to punish in the crime of an anti-violation of punishment against a mistake of facts, such expression of intent should be expressed in a way that is obvious and reliable. Even after the institution of public prosecution, if the judgment of the court of first instance is rendered even before the institution of public prosecution, it can be said that the investigative agency may withdraw his/her wish not to punish again, or cannot express his/her wish to punish again after the explicitly indicated one time.
(See Supreme Court Decision 2007Do3405 Decided September 6, 2007. According to the records, around May 26, 2018, the victim reported 112 to the effect that "the former husband fright," and submitted a written statement to the police officer dispatched to the scene that "a request for punishment due to intimidation from the defendant" was made. After being investigated by the police station around June 2, 2018, the victim stated that "the defendant does not want to be punished for the threatened part," and the victim stated that "the defendant does not want to be punished for the threatened part," and on the other hand, in the court of the trial, the victim stated that he did not want to be punished for the defendant's intimidation as above, the victim was punished until he was punished for his child, and that it was a hospital treatment only," and that "the victim is legally punished."