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Each of the instant public prosecution against the Defendants is dismissed.
Reasons
1. Defendant A is an employee of a club, and Defendant B is a customer of a club.
1. On November 28, 2019, Defendant A, at around 04:30 on November 28, 2019, used the toilet for the first floor D clubs of Mapo-gu Seoul, Seoul, for the first time to the victim B (Nam, 28 years of age) who was waiting for a series of times, but assaulted the victim, such as hearing the victim’s face, drinking, twice the victim’s face, twice the bones, and once the body of clothes.
2. Defendant B, like the date, time, place, and description in paragraph (1), was assaulted by the victim A (Nam, 25 years of age). Defendant B, by hand, assaulted the victim by taking the victim’s face into custody and drinking once.
2. Each of the facts charged in the instant case against the Defendants cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act, as an offense falling under Article 260(1) of the Criminal Act.
On November 25, 2020, after the prosecution of this case, the victims expressed their intent not to prosecute the Defendants in this court.
Pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the public prosecution against the Defendants in this case is dismissed.