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(영문) 수원지방법원 2013.07.16 2013고합232

강제추행

Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

On April 7, 2013, the Defendant: (a) around 23:15 on April 7, 2013, 2013, at the home of the Defendant’s friendship D, his women-friendly job offers victim E (the age of 37) and drinking, D used a creb in the rest of the toilet in the victim’s clothes, and expressed the victim’s intent of refusal by using the victim’s hand, but the victim expressed his/her intention of refusal by putting his/her hand into the victim’s panty, and committed an indecent act by force against the victim on several occasions.

On April 23, 2013, from 05:00 to 06:00, the Defendant: D, the husband of the victim, and the victim, who were the husband of the victim, sought conversations in order to kill the victim with respect to indecent acts and larceny cases in the course of trial at the victim E’s house located in Suwon-si, Suwon-si, Suwon-si, which was located in the victim E, and committed an indecent act by force against the victim, by using the victim’s humbbbbbbbbbbs in his hand.

Judgment

However, this is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the agreement and written withdrawal of complaint filed in the trial records, the victim can be recognized as having withdrawn the complaint against the defendant on July 5, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.