The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. The gist of the grounds for appeal is that the victim withdraws his/her wish to punish the defendant in agreement with the defendant in the court below, and thus, the prosecution of this case must be dismissed.

2. The crime of assault under the Criminal Act may not be prosecuted against the victim’s will expressed.

On March 15, 2016, after the prosecution of this case was instituted, the victim withdrawn his wish to punish the defendant, and thus, the prosecution of this case must be dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

【Discretionary Judgment】

1. On December 19, 2015, at around 19:15, the Defendant: (a) stated that “D” operated by the victim C (Nam, 46 years of age) located in Gyeonggi-si, Gyeonggi-si; (b) the victim intending to enter the said establishment under the influence of alcohol, stating that “if the settlement would have been made, it would have to be made; and (c) the victim attempted to produce the Defendant out of the elevator; (d) the victim’s face was sent one time to the elevator; and (e) the victim’s face was pushed back into the elevator; and (e) the victim was frighted one time to walk out of the building.

2. The public prosecution of this case is dismissed for the reasons as seen in paragraph 2 above.