The prosecution of this case is dismissed.

1. Around 00:00 on September 27, 2019, the Defendant: (a) committed assault against the victim on the ground that the victim D(37 years of age) made an objection against noise between floors in front of the Michuhol-gu Incheon B lending C, Michuhol-gu, Incheon; and (b) on the ground that the victim D (37 years of age) made an objection against noise, the Defendant committed assault against the victim one time at the left eye of the victim

2. The facts charged in the instant case are those 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.

However, according to the records, on January 23, 2020, after the indictment of this case was instituted, a written application for non-prosecution of the victim who does not want the punishment of the defendant was submitted to this court. Thus, this part of the facts charged constitutes the time when the victim expressed his wish not to prosecute a case which cannot be prosecuted against the explicit intent of the victim.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.