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The prosecution of this case is dismissed.
Reasons
1. On February 17, 2017, at the Jung-gu Incheon International Airport Passenger Terminal 3 smoking room of 272 Incheon International Airport: (a) the Defendant used the victim’s arms to get out of the smoking room on the ground that the victim C (24 years old) did not first get out of the smoking room; and (b) the victim was able to get out of the smoking room two times the head of the victim’s body on the part of his hand; and (c) on the other hand, the Defendant used the victim’s clothes under the part of two stairs, who was going out of the smoking room, continuously getting out of the smoking room.
2. The above act of the board 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 written agreement (i.e., September 22, 2017), which was submitted after the instant indictment was instituted, the injured party withdrawn his/her wish to punish the Defendant upon agreement with the injured party. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.