The prosecution of this case against the defendant is dismissed.

On July 14, 2016, at around 19:50 on July 14, 2016, the Defendant assaulted the victim C (V, 43 years old) who was divorced at the entrance of the Central University Hospital Drown Underground Parking Lot in Dongjak-gu Seoul Metropolitan Government, Seoul, and children, with the face of the victim two times as a drinking, and with the victim who tried to be boomed.

Judgment

The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act. According to the testimony of the victim C and the written agreement submitted in this court, the victim drafted a written agreement on April 6, 2017 that “the victim and the defendant shall withdraw the relevant lawsuit by mutual consent with respect to the instant case only with respect to the victim and the defendant,” and the same month.

5. The fact that the defendant submitted it to the court. The above written agreement was prepared after the defendant received apology from the defendant upon the defendant's search and request, and the defendant also granted the right to submit it to the court. In light of the process of the preparation of such written agreement, the above written agreement stated "to withdraw the lawsuit" as "to withdraw the lawsuit."

The meaning can be interpreted to the effect that the court expresses its intent to withdraw the defendant's previous wish to punish the defendant.

One Part C testified that the agreement was made by coercion of the defendant, but there was no statement as to whether the defendant notified the victim of any harm or harm related to his/her child, and rather at the time when the agreement was made.