Each of the instant public prosecution against the Defendants is dismissed.

1. Summary of the facts charged

A. Defendant A: (a) around December 27, 2016, at around 21:40 on December 27, 2016, the Defendant: (a) took a tobacco at the “D” head office located in Gangdong-gu Seoul Metropolitan Government, for reasons that the victim B, who is another customer, resisted the said head; and (b) took the face of the victim as a drinking.

Accordingly, the Defendant committed assault against the victim as above.

B. Defendant B, at the above date and time and place, became a vision with the victim A as above, and took a blue match with the victim, and blusiumed the victim’s blue with his arms and blue, and blue the victim’s blue.

Accordingly, the Defendant committed assault against the victim as above.

2. We examine the judgment, and each of the above facts charged against the Defendants is a crime falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, each victim has withdrawn his/her wish to punish the Defendants on February 1, 2017, which was after the institution of the instant indictment.

Therefore, each of the instant public prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.