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(영문) 서울남부지방법원 2013.12.10 2013고단3187

강제추행

Text

The prosecution of this case is dismissed.

Reasons

1. On May 2013, the Defendant: (a) as indicated in the facts charged, up to 11:30 on the same day, talks about the victim’s 32 years of age that “the victim will give 2,000 won interest per month.” (b) the victim will give 32 years of age to 5% interest; (c) and talk about the victim at the Guro-gu Seoul Metropolitan Government D Apartment at around 10:10 on May 23, 2013; (d) at around 11:30 on the same day, the victim was able to leave the victim’s chest and wait for the victim’s breast at the bar; (d) the victim was forced to leave the victim’s chest, and (e) the victim was forced to leave the victim’s chest on the left side of the above D apartment 107 roof; and (e) the victim was forced to leave the victim’s chest, and (e) the victim was able to leave the victim’s face, and (e) the victim did not leave the victim’s clothes.

2. The grounds for dismissing the public prosecution in this case are the facts charged in the instant case, which correspond to Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only upon a complaint filed under Article 306 of the said Act.

According to the records, it can be recognized that the victim C has withdrawn a complaint on November 15, 2013. Thus, this case is subject to Article 327 subparagraph 5 of the Criminal Procedure Act.