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The prosecution of this case is dismissed.
The application for compensation of this case is dismissed.
Reasons
The summary of the facts charged in the instant case is as follows: (a) around 17:40 on December 19, 2018, the Defendant: “D” restaurant located in Gangnam-gu Seoul Metropolitan Government Seoul; and (b) while the Victim B and the meals were in operation with the Victim B, it became a vision as a matter of food payment with the Victim B; and (c) flicked six times on the left side of the Victim’s hand, the Defendant committed assault against the Victim.”
The above facts charged are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent under Article 260(3) of the Criminal Act. According to the written application for non-prosecution of punishment submitted by the victim B to this court on December 9, 2019, the above victim can be aware of the fact that he/she expressed his/her intent not to be punished against the defendant by mutual consent after the institution of the instant prosecution. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.
The part of the application for compensation order filed by the victim B, who is the victim of the above facts charged, shall seek payment of KRW 3,294,350,000, in total, of KRW 2,294,350, and KRW 1,000,000, as compensation for the assault inflicted by the defendant.
However, as seen earlier, the above victim agreed with the defendant in relation to the above assault case, and thus, the above application for compensation constitutes a case in which it is not reasonable to issue an order for compensation, so it is decided to dismiss the application for compensation of this case pursuant to Article 32 (1) 3 of the Act on Special Cases Concerning Promotion,
It is so decided as per Disposition for the above reasons.