The prosecution of this case is dismissed.

1. On June 14, 2016, at around 21:55, the Defendant used the victim B (the age of 58) to gather a cell phone owned by the Defendant on the left hand of the victim’s cell phone at the front of the 202 same-sex building in Gangnam-gu Seoul Metropolitan Government (the age of 58).

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 under Article 260(3) of the Criminal Act. Since an agreement was submitted on September 30, 2016, stating the victim’s intent not to be punished against the Defendant on the first day of trial of the instant case, the instant indictment was dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.