The prosecution of this case is dismissed.

1. On April 28, 2017, the Defendant: (a) around 08:00 on April 28, 2017, around D Kindergartens located in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (b) took part in a dispute and physical fighting with the victim E (the 64 years old); (c) parents’ property division issue; and (d) seizure of bank accounts; and (c) during that process, the victim fell on the floor of his mobile phone (the gallon 3).

Since then, the defendant stolen the above mobile phone.

2. The facts charged in the instant case are crimes falling under Article 329 of the Criminal Act, and the Defendant and the victim are relatives. As such, the instant case may be prosecuted only when the victim files a complaint pursuant to Articles 344 and 328(2) of the Criminal Act pertaining to the precedent of relatives. Since the victim expressed his/her intention not to be punished against the Defendant on October 20, 2017, which was after the instant indictment, on October 20, 2017, the instant indictment was dismissed pursuant to Article 327(5) of the Criminal Procedure Act.