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The prosecution of this case is dismissed.
Reasons
1. The defendant and the victim B (ma, 34 years old) of the factory room in the factory room operated each food truck, and the location of the case was discussed about the problem of the food truck site on the day of the case.
On January 19, 2020, at around 04:30 on January 19, 2020, the Defendant: (a) stated that the victim would perform funeral in his own job; (b) divided the parts of the body of the victim into two descendants, and (c) sprinked a sponse of a sprink that requires approximately two weeks of treatment to the victim.
2. According to the records, the fact that the defendant used the victim's body part once, etc. is recognized.
On the other hand, an injury in the crime of bodily injury means that it damages the completeness of the body of a victim or causes obstacles to physiological functions, and an injury in the crime of bodily injury is extremely minor and thus is ordinarily likely to occur during the daily life even if there is no assault, and it cannot be said that the injury constitutes an injury in the crime of bodily injury in a case where there is no need for treatment and there is no natural impediment in daily life without any need for treatment.
Although there is evidence that the victim suffered the injury as described in the above facts charged with assault as described in the judgment, there are many cases where the medical examination of injury is issued based on the victim's subjective appeal, such as literature, etc., and the victim has not received any specific treatment as well as after the issuance of the medical examination of injury, there is insufficient evidence to view that the evidence submitted by the prosecutor sufficient proof is to regard the defendant as the crime of injury, and therefore only the crime of assault under Article 260 (1) of the Criminal Act can be established.
However, the crime of assault cannot be prosecuted against the clearly expressed will of the victim in accordance with Article 260(3) of the Criminal Act, and since the victim expressed his/her intention not to prosecute the defendant on November 23, 2020, the fifth day after the institution of prosecution.