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Each public prosecution against the Defendants is dismissed.
Reasons
1. Defendant B of the facts charged in the instant case is the head of a party with the trade name of “C”, and Defendant A is the representative of “D travelr”.
Defendant
B On June 24, 2016, around 11:15, the Defendant visited D travelr operated by the victim A (the 60-year-year-old) from Sinpo City E to pay the Defendant approximately two (2) years of money.
피고인은 피해자에게 “F한테 돈 받으면 준다고 한것이 벌써 2년이 지났다”고 하면서 변명하자 피해자가 “왜 F하고 결부 시키냐 돈은 니가 가져 갔는데 ”라고 하며 화를 내자 피고인이 순간 홧김에 양손으로 그의 가슴팍을 밀어 폭행을 가하였다.
B. On June 24, 2016, around 11:15, Defendant A committed assault by putting his chest over at his hand, setting up against the above acts set forth in B(57) at the office of the Defendant E at Sinpo City E, Mapo-si.
2. The offense described in the facts charged of this case 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 of this case, the victim A prior to the prosecution of this case can be acknowledged that the victim B expressed his/her intention not to have the criminal punishment against the defendant A after the prosecution of this case. Thus, the prosecution against the defendant B is dismissed in accordance with Article 327 subparag. 2 of the Criminal Procedure Act, and Article 327 subparag. 6 of the Criminal Procedure Act.