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(영문) 수원지방법원 2013.05.07 2013고합102

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The prosecution of this case is dismissed.

Reasons

The summary of the facts charged was around 03:00 on October 12, 2012, the Defendant committed an indecent act against the victim D (the 19-year-old and female) who was divingd within the personal capsule bank in Seocho-si, a soup, soup, the Defendant: (a) was aware of the intent of the victim; (b) was placed on the body of the victim; and (c) prevented the victim from breaking up with both arms; (d) raised the victim’s name on his chest; and (e) forced the victim’s sexual organ into the victim’s sexual flag.

Judgment

However, this is a crime falling under Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which can be prosecuted only when the victim files a complaint under Article 15 of the same Act. According to the written agreement bound in the public trial records, the victim can recognize the fact that the victim expressed his/her intention not to punish the defendant on April 30, 2013, which is after the prosecution of this case. The victim revoked the complaint with the submission of the above written agreement, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.