The prosecution of this case is dismissed.

1. At around 00:20 on December 9, 2018, the Defendant: (a) while smoking tobacco on the street in front of “C convenience store” operated by B, the Defendant d (57 years of age) who had been living alone resisted about the problem of smoking on the street; (b) in his/her hand, boomed the victim’s breath; and (c) assaulted the victim on two occasions with his/her hand his/her son’s buck with his/her hand.

2. 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 Criminal Act. Since a written application for non-prosecution to punish the defendant on July 26, 2019 was submitted, the prosecution of the instant facts charged is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.