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(영문) 인천지방법원 2013.08.21 2013고합391

청소년의성보호에관한법률위반(청소년강간등)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person with disabilities of class 1 of visual and hearing disability who operates “D” in the Nam-gu Incheon Metropolitan City C Apartment 308.

At around 16:00 on June 200, the Defendant committed an indecent act against a juvenile, who was a juvenile, by drinking off the victim E (n.e., female, 16 years of age) who was suffering from pressure due to health reasons in the above D, by walking the victim’s Titts and slabs with his hand, by the Defendant’s entrance, as soon as the victim’s chest was prompt, and being under the influence of the victim’s entrance.

2. The facts charged above is a crime falling under Article 7(2) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009; hereinafter the same) and Article 298 of the Criminal Act, which cannot be prosecuted against the will expressed by the victim under the proviso of Article 16 of the former Act on the Protection of Juveniles against Sexual Abuse.

However, according to the written agreement bound in the records, the victim can recognize the fact that he/she expressed his/her wish not to punish the defendant on July 25, 2013, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.