성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecution of this case is dismissed.
1. At around 11:50 on May 04, 2013, the Defendant: (a) committed an indecent act against the victim’s sexual organ attached thereto, such as the victim C (24 years old, female, etc.) who was aboard the electric train within the subway stations opened from subway 1 line stations; and (b) committed an indecent act against the victim for about five minutes, thereby inducing the victim to have sexual intercourse within the electric dong line, which is a place of public smuggling.
2. The above facts charged are crimes falling under Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and may be prosecuted only when a victim files a complaint under Article 15 of the same Act.
According to the written agreement on the preparation of the victim submitted to this court on June 28, 2013, the victims are recognized as having cancelled the complaint against the defendant after the prosecution of this case was instituted.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.