The prosecution of this case is dismissed.

1. On October 14, 2016, at around 23:15, the Defendant assaulted the victim E (the 23 years of age) who is an employee of the Domoter located in Bupyeong-si, Seocheon-si, for accommodation of 20,000 won even though daily accommodation charges were 40,000 won. However, the victim continued to refuse to do so, and the victim did an act that seems to have been pushed by putting the victim’s breath to the left hand.

2. In light of the judgment, the instant crime falls under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent under Article 260(3) of the Criminal Act. The records of the instant case reveal that the victim withdrawn his/her wish to punish the Defendant on December 15, 2016 after the instant indictment was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.