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The prosecution of this case against the defendant is dismissed.
Reasons
The summary of the facts charged in the instant case is as follows: (a) around 19:45 on December 15, 2018, the Defendant assaulted the victim’s back to twice on the back of the second half of the Dongdaemun-gu Seoul, Gangnam-gu, Seoul; (b) the female-child job victim C (at the age of 38) was walking to do so to do so.
However, the crime of this case cannot be prosecuted against the clearly expressed will of the victim under Article 260(3) and (1) of the Criminal Act. Since the victim, on January 31, 2019 after the institution of the prosecution of this case, he/she can only recognize the fact that he/she voluntarily agreed not to hold the defendant liable for civil or criminal liability, and can only recognize the fact that he/she has withdrawn his/her wish to punish the defendant, the prosecution against the defendant is dismissed under Article 327(6) of the Criminal Procedure Act.