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Each public prosecution against the Defendants is dismissed.
Reasons
1. Summary of the facts charged
A. Defendant A, at around 00:15 on March 26, 2014, at the E main toilets located in Seo-gu Daejeon, Daejeon, Defendant A, in the process of opening the toilet door, she was bread with the victim B (the age of 27) whose chest was faced with the toilet door in his/her hand, and assaulted the victim’s face at one time with his/her finger hand;
B. Defendant B, at the same time and place as above, assaulted the victim A (the age of 38) and the Defendant B, who was punished for the foregoing reasons, by breathing the victim’s breath by hand.
2. The above facts charged against the Defendants are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the intent expressed by the injured party under Article 260(3) of the same Act. According to the records, A and B, the injured party, have withdrawn their wish to punish the Defendants on the first day of trial after the prosecution of this case.
Therefore, the prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.