A. At around 06:00 on November 20, 2012, the Defendant: (a) expressed the victim’s “E” operated by Dobong-gu Seoul Metropolitan Government Victim D (Woo, 56 years of age); (b) expressed the victim’s desire to “spacing years” without any reason under the influence of alcohol while drinking with the victim while drinking with the victim; (c) spacing the victim’s head debt, spacing the victim’s head debt, spacing the victim’s head debt, spacing the victim’s neck; and (d) cut the victim’s neck.

Accordingly, the defendant assaulted the victim.

B. On the date and time stated in the above paragraph (a), the Defendant committed indecent acts by compulsion, by causing a sudden desire to commit an indecent act against the victim at the same place, and by inducing the victim to be forced to commit an indecent act, and was off from the victim’s rank and on the breast.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Of the facts charged in the instant case, an indecent act by compulsion is a crime falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only when a victim’s accusation is filed under Article 306 of the same Act. The assault constitutes a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act.

However, on July 15, 2013, after the prosecution of this case, the victim revoked or withdraws his/her wish to punish the defendant on July 15, 2013, and thus, the charge of indecent act by compulsion among the facts charged of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act, and the charge of assault is dismissed pursuant to Article 327