The prosecution of this case is dismissed.

1. On September 17, 2013, the Defendant: (a) committed assault on the package horse of “C” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon; (b) on the top of the right hand room, the Defendant used the victim’s desire while drinking the victim D and alcohol on two occasions; (c) assaulted the victim’s left side knife with the left side of the part of the victim at one time.

2. The aforementioned facts charged cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) and (1) of the Criminal Act. On November 4, 2013, the date the instant indictment was instituted, the victim D expressed his/her wish not to punish the Defendant. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.