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The prosecution of this case is dismissed.
Reasons
1. On September 17, 2014, the Defendant: (a) around 16:10 on September 17, 2014, expressed that the victim D(27 years of age) borrowed money from the Defendant for about two (2) years in the store located in Gwangju-dong-gu, Gwangju-gu; and (b) stated that “I will not cause annoyying flabing of this hazardous disease, and I will do so”; and (c) assaulted the victim’s chest on two occasions by hand.
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. Since the victim expressed his/her intent not to prosecute the Defendant on April 1, 2015, which was after the instant prosecution was instituted, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.