성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecution of this case is dismissed.
1. The Defendant, around 09:00 on January 28, 2013, committed an indecent act on the victim’s right-hand hand inside the subway train of Seoul subway line 4, which is going into the sloping area C from Gangnam-gu, Seoul, Seoul, and is going to the right side of the victim D (nick, 22 years old) who was seated and was going to be seated, leading to an indecent act on the victim’s side inside the subway trains, which is the means of public transportation.
2. The above facts charged are crimes falling under Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and public prosecution may be instituted only when a victim files a complaint under Article 15 of the same Act;
According to the statement on the withdrawal of a victim's complaint submitted to this Court on April 3, 2013, the victim is recognized to have cancelled the complaint against the defendant after the public 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.