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The prosecution of this case is dismissed.
Reasons
1. On January 12, 2017, the Defendant assaulted the victim’s sexual organ by setting up against the victim E ( South, 58 years old), who is the seat of the tenant D (n) residing in the house room of the said house, from the stairs of the third floor of the house owned by the victim, around March 22:20, 2017, the Defendant used the victim’s sexual organ as his hand.
2. Determination and conclusion
(a) Applicable legal provisions: Article 260(1) of the Criminal Act;
(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.
C. On September 7, 2017, after the prosecution of the instant case, the victim appeared as a witness and expressed his wish to punish the Defendant.
Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act