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(영문) 수원지방법원 안산지원 2013.11.20 2013고정1116

강제추행

Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On March 1, 2013, around 16:00, the Defendant committed an indecent act by force against the victim by taking the part of the victim’s left top part of the Defendant’s seat as the Defendant’s hand.

B. On April 30, 2013, at around 09:10 on April 30, 2013, the Defendant: (a) reported the situation in which the victim D (n, 21 years of age) works at the places specified in paragraph (1); and (b) rhumd the victim’s therb with her therb, and committed an indecent act by force

2. All of the facts charged in the instant case are crimes falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only upon a victim’s complaint under Article 306 of the same Act. According to the records of the instant case, the victim D can be acknowledged the fact that the Defendant’s complaint was revoked on November 6, 2013, which was after the institution of the prosecution. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.