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The prosecution of this case is dismissed.
Reasons
1. On June 27, 2014, around 22:35, the Defendant: (a) committed assault on the part of the victim’s side interest twice in drinking, by setting up a studio No. 8 of the Cju store located in Geum-gu, Busan, and against the act of the victim D (34 years of age).
2. The facts charged in the instant case are crimes 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. According to the records, the victim D expressed his/her intention not to be punished against the Defendant on November 24, 2014, which is after the instant indictment, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.