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(영문) 의정부지방법원 2013.08.21 2013고정1291

강제추행미수

Text

The prosecution of this case is dismissed.

Reasons

1. On August 18, 2013, at around 23:30, the Defendant: (a) reported that the victim D was placed in front of the Namyang-si, Namyang-si, with a view to meeting the sexual desire while following her, at around 23:30, the Defendant was unaware of the back part of the victim’s raging her back, with a view to having the victim meet his/her her sexual desire while she was following, while she was living together.

After that, while continuing the victim, the victim gets back, and the victim saw "Yek kb kb", and he did not commit an indecent act but did not commit an attempted act.

2. We examine the judgment. The facts charged in the instant case constitute a crime falling under Articles 300 and 298 of the Criminal Act, which can be prosecuted only upon a victim’s complaint pursuant to Article 306 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012). According to the records, a written agreement was submitted to the effect that the victim withdraws the Defendant’s complaint on or around August 5, 2013, which was after the public prosecution in the instant case was instituted. Thus, the public prosecution in the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act, and it is so decided as per Disposition.