성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecution of this case is dismissed.
1. On April 26, 2013, at around 20:40, Defendant A, under the influence of alcohol on the platform of 7-3 Kando-dong 460-26 Kando-dong, Guro-gu, Seoul, 460-26, 7-3 Kando-dong, Defendant A: (a) placed the victim B (the victim 43 years old); and (b) placed the female’s hand over with his/her external speculation, and caused the victim to have his/her sexual desire satisfied or feel a sense of sexual humiliation.
Accordingly, the Defendant committed indecent acts on the subway platform, which is a place of public smuggling.
2. The above facts charged are cases falling under Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and can be prosecuted only when a victim files a complaint under Article 15 of the same Act.
However, according to the records, the victim can recognize the withdrawal of the complaint against the defendant around May 3, 2013, before the prosecution of this case was instituted.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.