The prosecution of this case is dismissed.

1. The summary of the facts charged and the victim C (the age of 54) are between the married couple reported on August 26, 2014.

On February 16, 2017, the Defendant was arrested by the victim's report, and on May 12, 2017, the Seoul Southern District Court sentenced the victim to imprisonment for 8 months for special intimidation and 2 years for suspended execution on May 12, 2017.

On August 7, 2017, at around 00:24, the Defendant found the victim’s residence in Geumcheon-gu Seoul Metropolitan Government D, and assaulted the victim’s bridge up to 2-3 occasions by drinking the victim’s bridge up to twice to 2-3 times, on the ground that “the victim’s bridge was stored in the victim’s residence in Geumcheon-gu, Seoul.”

As a result, the Defendant assaulted the victim for the purpose of retaliation against the provision of investigation proviso, statement, etc. in relation to the investigation or trial of his criminal case.

2. Whether any retaliation has been taken against the defendant.

A. The provision that aggravated punishment should be provided for the purpose of the provision of the proviso of investigation, such as filing a complaint or accusation, in relation to the investigation or trial of his/her or another person's criminal case, and the provision that aggravated punishment should be provided for the purpose of retaliation against the submission of materials is the State's criminal justice function in addition to the protection of the reporting person, etc., and thus, it is clear that the purpose of retaliation is a subjective illegal element other than intentional or intentional act, and it is a crime with the purpose of establishing a crime.

In a criminal trial, the burden of proof of the facts constituting the elements of the crime charged in the criminal trial is to be proved by the prosecutor, and thus, the prosecutor must prove that there was a retaliation, and such proof should be based on strict proof that makes the judge not have any reasonable doubt and that there is no such proof.