강제추행
The prosecution of this case is dismissed.
1. On May 19, 2013, the Defendant found the victim D (23 years of age, women) to engage in a kind of fat in a drinking house located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and then divided the case to the victim. However, the Defendant rejected the case from the victim.
After the locking, the Defendant committed an indecent act by force against the victim by moving the victim’s chest on the victim’s chest with the victim’s own hand, after having changed the case to the victim’s day, reporting that there was a dispute between the victim’s day and the dispute.
2. We examine the judgment. The case is a crime falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same), which can be prosecuted only when the victim files a complaint under Article 306 of the former Criminal Act. According to the written agreement bound in the trial record, the victim can be acknowledged as having withdrawn the complaint against the defendant on December 3, 2013, which is the date of the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.