A. On April 10, 2014, at around 22:55, the Defendant assaulted the victim C (the aged 23 and female) who was fluoring tobacco on the street, at the entrances of the upstream 1145-dong, Suwon-si, Suwon-si, 1145, to the effect that the Defendant would not smoke in a way that the Defendant would not smoke, while she talked that “the Defendant would fluorly smoke,” the Defendant she saw the victim as “the Defendant fluoring the victim’s right head and right fluoring the victim’s office, leading approximately 20 meters to the crew office located in the Sejong-si.

B. On April 10, 2014, at around 22:55, the Defendant publicly insultingd the victim E by referring the said victim E to the following circumstances: “A police officer affiliated with the police box of Suwon,nam Police Station D, the victim, who was called up after having received 112 a report at the 1145 Class III customer petition room, street, and D police box of Suwon-si, Suwon-gu, Suwon-si, the Police Station D, the victim of the case, asked the Defendant about his personal information, etc., and the victim could not properly handle the case.” In the presence of other people, such as the victim C, etc. of the former assault, etc., the Defendant told the said victim E to the effect that “this rings, Nindo, the police does not have to take the responsibility, and there is no need for the police to do so.”

2. Of the facts charged in the instant case, the charge of assault is a crime 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 Criminal Act. Of the facts charged in the instant case, insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act. The victim C withdraws his/her criminal intent on September 4, 2014, which is the date of the instant indictment. The victim E can be acknowledged the fact of revoking the Defendant’s complaint on November 7, 2014, which is the date of the instant indictment. Thus, the prosecution in the instant case is dismissed pursuant to Article 327 subparag. 5 and 6 of the Criminal Procedure Act.