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The prosecution of this case is dismissed.
Reasons
1. The Defendant and C in the facts charged are not aware of each other, and around 00:30 on January 14, 2017, in the toilets used for the official use of “E” restaurant located in Seongdong-gu Seoul Metropolitan Government D, on the grounds that C had opened the toilets of the Defendant’s female-friendly job offering F (24 years of age, leisure) with the Defendant’s report on this work, and became mutually visible.
이에 C은 주먹으로 피고인의 왼쪽 얼굴을 2~3 회 가격하고, 서로 붙잡고 몸싸움을 하면서 바닥에 뒹굴어서 위 A를 폭행하고, 피고인은 C의 폭력에 대항하여 서로 붙잡고 몸싸움을 하면서 바닥에 뒹굴어서 C을 폭행하였다.
2. Determination
(a) Applicable legal provisions: Article 260(1) of the Criminal Act;
(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.
C. Submission of a written application for punishment for which the injured party expressed his wish not to punish the defendant after the prosecution of this case
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;