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The prosecution of this case is dismissed.
Reasons
1. On August 2, 2014, the Defendant: around 05:30 on August 2, 2014, prevented the victim’s D (33 years old) from having a knife vehicle in the street in the front of the Suwon-si, Suwon-si; and, on the ground that the victim was driving the vehicle, the Defendant assaulted the victim’s bat on several occasions on the ground that the victim got over the vehicle.
2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, it can be acknowledged that the victim declared that he/she does not want to punish the Defendant after the instant indictment. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.