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(영문) 대전지방법원 2013.05.01 2013고정214

강제추행등

Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. At around 08:00 on May 26, 2012, the Defendant committed an indecent act by compulsion by force against the victim E (the victim, 55 years old) by releasing the Defendant’s bar belt from the Defendant’s four-story female toilets in Daejeon-gu Daejeon-gu, Daejeon-gu, Seoul-gu, and by taking the Defendant’s sexual organ into consideration, and by forcing the victim E (the victim, 55 years old), taking the victim’s hand into contact the Defendant’s sexual organ.

B. Around 08:00 on June 23, 2012, the Defendant attempted to commit an indecent act by compulsion by force against the victim at the front corridor of the fourth female toilet of the Daejeon Jung-gu Daejeon Building D, “I am out of the front corridor,” and put in the female toilet by force, but the Defendant did not commit an attempted act without having the intent to go out of, and resist against, the arms, i.e., “I see the good mind so that the victim would not be able to clean up today,” and she did not come up with the wind to resist.

2. The facts charged of this case are crimes falling under Article 298 of the Criminal Act and can be prosecuted only when the victim files a complaint pursuant to Article 306 of the same Act. According to the records, the above victim can be acknowledged as having withdrawn the defendant's complaint on April 30, 2013, which is after the prosecution of this case.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.