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Each of the instant public prosecutions is dismissed.
Reasons
1. Facts charged;
A. On August 22, 2015, the Defendant: (a) around 00:40 on August 22, 2015, to the victim D (n, 42 years of age) who walked in the front of the entertainment drinking point C, located in Mai Government-si B, without any justifiable reason, while under the influence of alcohol.
“Before doing so, the victim’s hair was boomed by putting the head of the victim’s hair, putting the victim’s hair up and breaking the victim’s head head, and 10 times the victim was in possession of his head.
B. On October 25, 2016, the Defendant: (a) committed assault against the same victim on the front side of the city in the 2015, a government-oriented city around 01:25 minutes; (b) at that time, the Defendant fleded, but subsequently, during the escape, the Defendant assaulted the victim, who was frightly discovered the victim’s clothes from the said paths, and who was frightening the victim’s clothes.
2. Each of the facts charged of this case is a crime 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 explicitly expressed his/her intent not to be punished against the defendant on January 20, 2017, the prosecution of this case is dismissed in entirety in accordance with Article 327(6) of the Criminal Procedure Act.