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The prosecution of this case is dismissed.
Reasons
1. On August 11, 2018, the Defendant: (a) on the rooftop of the building of the “D” entertainment room located in Jung-si, the Government-si; (b) requested the victim E (3) who is an employee of the said entertainment room to give a business owner; (c) on the ground that the victim refused to do so, the Defendant assaulted the victim by making the victim’s brue bom and making the victim’s head one time by drinking the victim’s head.
2. The instant facts charged constitute Article 260(1) of the Criminal Act, and thus, cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act. In such a case, the victim withdrawn his wishing to punish the Defendant on October 17, 2018, which was after the instant indictment. Accordingly, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.