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The prosecution of this case is dismissed.
Reasons
The summary of the facts charged of this case is as follows: “The Defendant, at the convenience store located in Gwangju Northern-gu, Gwangju Northern-gu, around April 6, 2016, on the ground that, while under the influence of alcohol, he calculated tobacco accidents to the victim D (3) who is an employee, and caused the victim to feel the horses, the Defendant assaulted the victim’s face one time by lush.”
However, this is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the statement in the written agreement for the preparation of victim D submitted to this court on April 26, 2016, the victim expressed his/her wish not to punish the defendant after the instant indictment was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.