The prosecution of this case is dismissed.

1. The Defendant: (a) around 05:15 on December 27, 2015, at the C hospital emergency room located in Seongbuk-gu, Sungnam-si; (b) on the ground that the Defendant: (c) at the C hospital emergency room located in Seongbuk-gu, Sungnam-si, the Defendant: (d) prevented a patient who visited the hospital’s staff member and the patient who visited the emergency room from entering the hospital from entering the hospital, thereby putting him/her a new pipe, such as the opening gate, to the victim D; and (d) once he/she refuses to break out, the Defendant publicly insultingd the victim by saying, “A new son, such as a plouter, in the face of a disease,” said new son, such as a plouter, is called “a large fluor,” and thus, sexually insulting the victim.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act and can be prosecuted only when a complaint is filed under Article 312(1) of the Criminal Act. According to the agreement and the statement of the statement of deposit and withdrawal submitted to this court after the instant indictment, the victim drafted a written agreement to the effect that he/she would only agree with the Defendant on the condition that he/she would receive KRW 300,000 from the Defendant and would no longer want the punishment of the Defendant, and that the Defendant remitted KRW 300,000 to the victim on August 24, 2016.

Therefore, the facts charged in this case fall under the case where a public prosecution can be instituted only upon a complaint, and thus, the public prosecution is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.