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The prosecution of this case is dismissed.
Reasons
The summary of the facts charged in the instant case is as follows: (a) the victim E (the age of 21) was “h,” with respect to the Defendant’s smoking area in the front of the “D Hospital” located in Osan-si on July 1, 2015, for the Defendant to have the patients smoke, take a bath, and take a photograph, while smoking in the front of the “D Hospital” located in Osan-si.
“A mobile phone, which was cited by the victim of the defect, assaulted on one occasion the victim’s left head.”
This is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Code. According to the records of this case, it can be acknowledged that the victim has withdrawn his/her wish to punish the defendant by submitting a written agreement on February 17, 2016, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.