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(영문) 서울중앙지방법원 2014.04.18 2014고단6

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: (a) around 07:50 on June 10, 2013, the Defendant committed an indecent act against a person at a place where the victim’s sexual organ was attached to his her her her mare, and where the public is densely concentrated, by using the gap around the electric mared in the front line of subway 2, which is in the Seoul metropolitan railway line located in Dobong-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

In contrast, this is a crime falling under Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and can be prosecuted only when a complaint is filed under Article 15 of the same Act. According to the records, the victim is recognized to have submitted a written agreement containing the contents of revoking the complaint against the accused after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.