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The prosecution of this case is dismissed.
Reasons
1. Summary of the facts charged
1. Defendant A around 19:45 on May 4, 2016, at around 19:45, the victim B (55 years) who opened a door by removing a key repair hole from the entrance gate to enter the said store from the front corridor of the “E” store located on the second floor of Seongbuk-gu Seoul building D, Seongbuk-gu Seoul Metropolitan Government. The Defendant removed the key repair hole from the victim B (55 years old) and the victim from this.
“In doing so, the victim abused the victim’s head and neck by drinking fat with his left hand, and assaulting the victim by drinking his head and bath.
2. Defendant B: (a) at the same date, time, and place as set forth in the above paragraph 1.3; (b) at the victim A (71 tax) store entrance, as seen above, prevented the victim from opening the entrance of the “E” store; (c) flapsed the victim’s chest with his head, flabed the victim’s chest, and flabed the victim’s face with his left hand.
2. Each of the facts charged in the instant case is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. The Defendants appeared at the trial date of the instant case on September 30, 2016 and expressed their intent not to be punished by each other. Thus, this part of the indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.