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The prosecution of this case is dismissed.
Reasons
1. On July 17, 2015, the Defendant: (a) around 22:00, at the CPC room located in Gangseo-gu Seoul Metropolitan Government B, the victim D wanted to smoke in a non-smoking area; (b) took a horse fighting and prevented tobacco from smoking out of the PC room; and (c) assaulted the victim with the defect of the horse, such as “the horse was cut, she was called the victim’s left chest by hand, and the victim’s chest was sealed 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 intention not to be punished against the Defendant on April 4, 2016 after the instant indictment was instituted, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.