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(영문) 서울중앙지방법원 2013.07.24 2013고단2873

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was that the Defendant, around August 4, 2010, entered Pakistan who entered the E-9 (employment) and committed an indecent act by inserting the Defendant’s hand on the left side of the victim C (26 years of age, n, kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn-kn kn kn kn kn kn kn kn kn kn kn

Accordingly, the Defendant committed sexual indecent acts that cause sexual humiliation or shame to the victim within subway electric vehicles, which are places of public secrecy.

2. The facts charged in the instant case are crimes falling under Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and can be prosecuted only upon the victim's complaint pursuant to Article 15 of the same Act. According to each of the written agreements and telephone report prepared by the court clerk D, the victim can be acknowledged as having cancelled the complaint against the defendant on July 23, 2013, which is the date of the instant indictment. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.