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The prosecution of this case is dismissed.
Reasons
1. On August 26, 2019, at around 22:45, the Defendant assaulted the victim D(54 years of age) who is an owner of another female customer, by drinking alcohol at C main points located in Yeonsu-gu Incheon Metropolitan City, on the ground that the victim D (the 54 years of age, South) was scambling, who was his/her business, once in his/her hand, and twice in twice as drinking.
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 May 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.