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The prosecution of this case is dismissed.
Reasons
The summary of the facts charged in the instant case is that the Defendant, around January 2, 2013, 23:15, committed assault against the victim by walking the victim’s boat once and walking the victim’s ear and part by hand on the ground that the victim resisted the wife of the victim C, on the front side of Geumcheon-gu Seoul Metropolitan Government.
However, this is a crime falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the written agreement dated January 15, 2014, the victim can be acknowledged the fact that he/she has withdrawn his/her wish to punish the defendant on January 14, 2014, which is after the institution of the instant indictment. Thus, the indictment of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.