The prosecution of this case is dismissed.

1. Around March 28, 2015, the Defendant, at the C main office located in Mapo-gu Seoul Metropolitan Government, expressed the victim E’s desire to be “the same age as a sick person,” and assaulted the victim’s body by taking the victim’s hand over to the victim, on the ground that the victim was abandoned at the C main office located in Mapo-gu Seoul Metropolitan Government.

2. Of the facts charged in the instant case, the offense of insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon a victim’s complaint pursuant to Article 312(1) of the Criminal Act. According to the records, the victim’s withdrawal of the complaint against the Defendant on June 23, 2015, which is after the prosecution of the instant case was instituted. Accordingly, pursuant to Article 327 subparag. 5 of the Criminal Procedure Act, the charge of assault 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. According to the records, it is apparent that the victim withdrawn his/her wish to punish the Defendant on June 23, 2015, which is after the prosecution of the instant case was instituted. Thus, the public prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.