The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

1. Pursuant to Article 4 of the Military Criminal Act, Article 260(3) of the Criminal Act concerning the crime of assault against superior officers of this case applies to the crime of assault against one’s will. Since the victim, his superior, did not want the punishment of the defendant, the dismissal of prosecution against the defendant should be pronounced pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

Article 107 of the Criminal Act, which provides that "a crime of assault against a foreign person" shall not be prosecuted against the explicit will of the foreign government, which is directly affected by Article 110 of the Criminal Act, even in the case of "a crime of assault against a foreign person" under Article 107 of the Criminal Act, which is protected by the foreign legal interest and external interest of the Republic of Korea. Therefore, Article 260 (3) of the Criminal Act concerning a crime of assault against a superior can be applied

Article 84 (1) of the Military Criminal Act provides a special provision that "A prosecution against off-the-counter rape shall not require any complaint" in Article 84 (2) of the Military Criminal Act on the premise that Article 306 of the Criminal Act shall apply to the crime of off-the-counter rape prescribed in Article 84 (1)

There is no special provision excluding the application of Article 260(3) of the Criminal Act concerning the crime of violence against superior officers, and the above provision of the Criminal Act is applied according to Article 4 of the Military Criminal Act.

2. In the judgment of the court below on the grounds of appeal, the court below found the defendant guilty of the defendant's assertion under the title of "the judgment on the rejection of prosecution". The crime of assault against his superior under Article 48 of the Military Criminal Act is not only personal legal interests such as his superior's body, but also a military organization's deceptive order and/or system maintenance (see, e.g., Supreme Court Decision 2015Do11286, Sept. 24, 2015). Thus, Article 260 (3) of the Criminal Act, which provides for the crime of assault against his superior, cannot be applied since it is different from Article 260 (1) of the Criminal Act and Article 48 of the Military Criminal Act which provides for the crime of assault against superior