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The prosecution of this case is dismissed.
Reasons
1. The facts charged in the instant case reveal that “Around October 23:50, 2012, the Defendant: (a) found the victim as a guest within the 3rd floor soup of Jeju-si c on the 3rd floor so that the victim D (30 years of age) was aware of his/her behavior without any reason when he/she sawd him/herself; and (b) as a complaint, assaulted the victim’s face on his/her shop display stand, he/she saw him/herself as a knick, and assaulted him/her once again.”
2. The instant facts charged cannot be prosecuted against the express intent of the victim under Article 260(3) of the Criminal Act. According to the investigation report dated April 12, 2013, the victim can recognize the fact that he/she had withdrawn his/her wish to punish the Defendant on April 12, 2013, which is after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.