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(영문) 수원지방법원 2013.11.21 2013고단3511

강제추행

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: (a) on April 2, 2013, the Defendant had access to the singing room located in Suwon-si, Gyeonggi-do, as the victim E (at the age of 31) and had access to the singing room; and (b) had continued to commit an indecent act by force by deceiving the victim’s chest and sexual part even though the victim had spread several times; (c) on the other hand, the Defendant committed an indecent act by force.

However, it is a crime falling under Article 298 of the Criminal Act and can be prosecuted only upon a complaint under Article 306 of the same Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the records, the victim's withdrawal of the complaint around November 14, 2013, which was after the prosecution of this case was instituted, can be acknowledged.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.