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The prosecution of this case is dismissed.
Reasons
1. On January 21, 2018, the Defendant: (a) expressed that the DPC room located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City on January 21, 2018, the victim E (20 years old) was seated at one’s own seat; and (b) expressed that the victim refused it, but the Defendant assaulted the victim on the ground that the victim refused it.
2. The conclusion of the judgment is that a crime falling under Article 260(1) of the Criminal Act cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.
According to the records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on May 23, 2018, which was after the prosecution of this case was instituted.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.