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The prosecution of this case is dismissed.
Reasons
1. Around 02:00 on April 6, 2019, the Defendant, at the main point of “C” located in Michuhol-gu Incheon, Michuhol-gu, Incheon, used alcohol together with the victim D (23 years of age). Under the influence of alcohol, the Defendant assaulted the victim of the child’s fluence in the head of the victim’s head without any reason.
2. The facts charged in the instant case are those 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.
However, according to the records, on March 26, 2020, after the prosecution of this case was instituted, a written application for non-prosecution of the victim's punishment was submitted to this court. Thus, this part of the facts charged constitutes the time when the victim expressed his wish not to prosecute a case which cannot be prosecuted against the victim's explicit intent.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.