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(영문) 서울서부지방법원 2013.10.02 2013고단1981

강제추행

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person running a mutual real estate brokerage office of Yongsan-gu Seoul Metropolitan Government 101, and the victim F (n, 28 years old) is a person working at the said real estate brokerage office.

At around 14:00 on June 8, 2013, the Defendant, at the consulting room of the above real estate brokerage office, committed an indecent act by force by using the head of the victim himself/herself, as he/she has not good body and by making the head of the victim smooth, and by spreading the shoulder and arms of the victim.

2. The facts charged in the instant case constitute a crime falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; and enforced June 19, 2013), and can be prosecuted only upon a victim’s complaint under Article 306 of the same Act.

However, according to the records, the victim's withdrawal of the complaint against the defendant after the prosecution of this case is recognized, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.