Of the facts charged of this case, the prosecution against assault is dismissed.

On August 22, 2015, the Defendant, at around 12:30 around 12:30, 663 o, main apartment, 3 complex, main apartment, and 663 o.e., the Defendant, without any reason, destroyed and damaged the part of the kick (1m in length, 1m in the market value) owned by the victim C (58 o.e., the Defendant, without any reason, went under the influence of alcohol, by cutting off the stick (1m in length, and the undeveloped in the market value) on the floor, thereby undermining its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (the period converted into one day) to the detention in a workhouse;

1. The summary of the charge of dismissing the prosecution under Articles 59(1) and 51 of the Criminal Act ( Taking into account the fact that the degree of damage is extremely minor and the victim does not want the punishment of the defendant by agreement with the victim, and the defendant reflects his own crime with the elderly's early crime) of the suspended sentence, the defendant assaulted the victim C's face at once, at the place of crime, at the victim's hand, at the victim's face at two times, with breath and breaths without any reason, without any reason.

Judgment

The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act. According to the records, the victim clearly withdraws his/her wish to punish the Defendant on November 20, 2015, which is after the institution of the instant indictment. Thus, this part of the indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.