The prosecution of this case is dismissed.

1. On June 17, 2016, at a convenience store located in Guro-gu Seoul Metropolitan Government around 00:30, the Defendant committed assault, such as, under the influence of alcohol, breathing the victim C (the victim 26 years of age), who is an employee of the above convenience store, and breathing the victim’s face one time, by breading the victim’s flag that contained plastic flag.

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. The victim C submitted a written agreement and withdrawal of complaint with the Defendant on August 12, 2016, which was after the instant indictment. As such, the instant indictment was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.