The prosecution of this case is dismissed.

1. Facts charged;

A. On April 19, 2018, the Defendant: (a) while smoking with the victim D (22 years of age) in a smoking room at C Headquarters C, located in Kangwon-gun, Kangwon-gun, Gangwon-do on April 19, 2018, the Defendant: (b) died without any death.

The phrase "influence area" was called "influence area", and the victim who is a soldier in the military base was threatened.

나. 폭행 피고인은 2017. 5. 7. 15:00 경 강원 철원군 B에 있는 C 본부 근무대 생활관에서 친근감의 표시라는 이유로 손가락으로 피해자 일병 E(20 세) 의 옆구리를 찌르고, 피해자 일병 F(20 세) 의 뒤에서 두 손을 교차 하여 일병 F의 가슴팍을 졸라 군사기지 내에서 군인인 피해자들을 각 폭행하였다.

2. Determination

A. Regarding the part of the crime of intimidation, the above crime is a crime falling under Article 283(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act.

In this regard, since the victim D expressed his/her wish not to punish the defendant after the institution of the instant prosecution, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act (written agreement submitted on October 5, 2018).

B. As to the part of the crime of assault, the above crime 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.

In doing so, on June 29, 2017, prior to the institution of the instant prosecution by the victim E and F, the victim E and F submitted a “agreement” stating that they do not want to be punished by the Defendant to the investigation agency. As such, this part of the indictment procedure is null and void in violation of the provisions of the law.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.