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(영문) 대전지방법원 2013.09.11 2013고단2205

준강제추행

Text

The prosecution of this case is dismissed.

Reasons

1. Around 09:00 on April 21, 2013, the Defendant discovered that the victim E ( South and 19 years of age) was locked in the fourth floor of the Seo-gu Daejeon Seo-gu Daejeon-gu, Seo-gu, Daejeon, and committed indecent act against the victim by taking advantage of the victim’s state of her ability to resist due to water surface as soon as he/she was shakend with the victim’s sexual organ in hand.

2. The judgment is a crime falling under Articles 299 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and is a case for which a victim’s complaint is filed under Article 306 of the same Act. According to the withdrawal of a complaint and the written agreement filed in the trial records, the victim E may be acknowledged as having expressed his/her intent to revoke the defendant’s complaint on September 4, 2013, which is the date of the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act. It is so decided as per Disposition.