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(영문) 인천지방법원 2013.09.11 2013고단4837

강제추행

Text

The prosecution of this case is dismissed.

Reasons

Around 02:00 on May 2, 2013, the Defendant, at the entrance of the “Curel” located in Yeonsu-gu Incheon Metropolitan City, committed an indecent act by force against the victim by inserting the victim D (n, 45 years of age) in front of the entrance of the “Curel” in Yeonsu-gu Incheon Metropolitan City.

However, the facts charged in the instant case are the crimes falling under Article 298 of the Criminal Act and can be prosecuted only upon a complaint under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter referred to as the “former Criminal Act”).

However, according to the records of this case, it can be recognized that the victim revoked the complaint on September 6, 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.