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(영문) 창원지방법원 2013.11.12 2013고단2564

준강제추행

Text

The prosecution of this case is dismissed.

Reasons

1. On April 12, 2013, the Defendant: (a) around 04:45 on April 12, 2013, the Defendant committed an indecent act by force against the victim by taking out the victim’s chests on the side of the soup cryp of the soup Masan-si B (the age of 26) and taking out the victim’s chests on several occasions; and (b) taking advantage of the victim’s state of impossibility to resist.

2. The facts charged in the instant case are crimes falling under Articles 299 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and may be prosecuted only when a complaint is filed under Article 306 of the said Act.

According to the records, it can be recognized that the victim D had cancelled the complaint on November 11, 2013. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.