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(영문) 수원지방법원 안산지원 2013.09.25 2013고단1617

강제추행

Text

The prosecution of this case is dismissed.

Reasons

1. On June 2, 2013, the Defendant, at around 03:15, committed an indecent act by force against the victim C (the age of 40) who was next to the end of the business owner and the end of the trial, under the influence of alcohol on the front of the B-way in Silung-si, the toilet door of the business at the location of the business at issue, and committed an indecent act by force against the victim in response to the victim’s suffering from the horses.

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 of this case, it can be recognized that the victim declared his/her intention to revoke the complaint against the defendant on June 27, 2013, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.