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Each of the instant public prosecution against the Defendants is dismissed.
Reasons
1. The facts charged in this case
A. On October 28, 2016, Defendant A assaulted the Defendant’s mother on the ground that the opening of the apartment door door of the apartment rooftop B (the remaining, 72 years old) around the Daegu Suwon-gu E apartment on the ground that the Defendant had a sound to the mother of the Defendant, such as flabing the Defendant’s spathing spath, and flabing the Defendant’s spath.
B. On October 28, 2016, around 14:30 on October 28, 2016, Defendant B assaulted twice the victim’s right chest in his hand on the ground that the victim A ( South Korea, 34 years of age) and the reasons why he did not follow the victim’s reasons.
2. Determination (In respect of the Defendants)
(a) Applicable legal provisions: Article 260 (1) of the Criminal Act;
(b) Crimes of non-violation of intention: Article 260 (3) and (1) of the Criminal Act.
C. Expression of intention not to punish: Each Defendants present on the third trial date ( May 24, 2017) after the prosecution of the instant case, shall express to each other the intention of not to punish him/her.
Each judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act