The prosecution of this case is dismissed.

The defendant is a person operating a mobile phone agency, and the victim B(23 years of age) and the victim C(21 years of age) are employees at the agency operating the defendant, and the defendant was able to appeal the victim's business attitude, etc. during the late time, he called the victims.

피고인은 2016. 9. 10. 23:00경 서울 강북구 D에 있는 E식당 앞 노상에서 피해자 B을 보자마자 주먹으로 얼굴 및 몸체 부위를 수회 가격하고, 계속하여 “씹할, 깽값 준다, 맞아라”라고 말하며 피해자를 넘어뜨린 후 그 위에 올라 타 주먹과 발로 피해자의 머리와 몸통 부위를 수회 때리고, 이를 제지하는 피해자 C의 입술 부위를 주먹으로 1회 때렸다.

Accordingly, the defendant assaulted victims.

However, each of the facts charged above shall not be prosecuted against the express will of the victim in accordance with Article 260(3) of the Criminal Act, as falling under Article 260(1) of the Criminal Act.

According to the written agreement, it can be acknowledged that the victims expressed their intention not to want criminal punishment against the defendant to this court after the prosecution of this case was instituted (the victim B, November 25, 2016, and the victim C, December 21, 2016).

Therefore, since the above facts charged constitute a case which cannot be prosecuted against the victim's clearly expressed intent, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the expression of intent to punish has been withdrawn.