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(영문) 수원지방법원 2013.09.26 2013고단3494

준강제추행

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: (a) the Defendant discovered that the victim D, who was seated on the front seat within the Gyeonggi bus operated on November 19, 2012 at “B” around 23:00, was under the influence of alcohol, and subsequently, committed an indecent act by force against the victim who was physically and mentally lost by using the victim’s inner bucks with the left hand.

However, it is a crime falling under Article 298 of the Criminal Act and can be prosecuted only upon a complaint under Article 306 of the same Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the records, it can be recognized that the victim D has cancelled the complaint on September 13, 2013.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.