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(영문) 의정부지방법원 고양지원 2013.05.24 2012고정1218

강제추행

Text

The prosecution of this case is dismissed.

Reasons

1. At around 03:30 on May 5, 2012, the Defendant: (a) was aware of the floor that the victim D (or the 22 years old) was in order to find a cell phone lost at a stage in which the victim D danced; and (b) was able to look at the floor; (c) placed the victim’s fingers on the part of the victim after the victim’s pathm; and (d) committed indecent act by forcing the victim by using the sound above panty line once.

2. The judgment is the case falling under Article 298 of the Criminal Act, which can be prosecuted only when the victim's complaint is filed under Article 306 of the Criminal Act.

However, according to the public trial and the record of the instant case, it can be acknowledged that the said D cancelled the complaint against the Defendant on May 21, 2013, which was after the prosecution of the instant case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.