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The prosecution of this case is dismissed.
Reasons
1. On December 16, 2014, while under the influence of alcohol around 21:30, the Defendant: (a) committed assault by the victim C (inn, 39 years of age) in an elevator, which is an apartment building B (202) located in Busan-gun, Busan-gun, on the ground that it is fright or bad to see himself/herself; (b) the victim’s arms are frighted up to the 15th floor of the above apartment building (1501), and the victim’s arms are frighted up to once with the hand floor; and (c) the Defendant frighted into an apartment door while taking a bath.
2. The facts charged of the instant case are crimes 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 According to the records, it is apparent that the victim has withdrawn his wish to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.