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(영문) 춘천지방법원 2013.03.26 2013고단65

강제추행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged:

A. On November 1, 201, at the end of 19:00, the “D” operated by the victim C (n, 58 years of age) located in Chang-gun, Jeollabuk-do, Jeollabuk-do, called “D” that the victim’s right shoulder was hicking in two arms, the victim hacks the victim’s right shoulder toward his/her view, and the victim’s hacks and hacks the Defendant, and hacks the victim’s hacks the victim’

B. On December 201, 201, “D” as indicated in the preceding paragraph at around 20:0, the victim was forced to commit an indecent act on the part of the victim, stating that: (a) the victim, who was scamed, kiddds the victim behind; (b) the victim’s face is unfasible; and (c) the victim’s face is fasible.”

2. Each of the facts charged of this case is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only when the victims have filed a complaint under Article 306 of the Criminal Act. According to the statement of withdrawal of a complaint filed in the trial records, it is recognized that the victim completely cancelled the complaint against the defendant on January 3, 2013, which was the date of institution of the prosecution of this case. Thus, it is so decided as per Disposition based on Article 327 subparag. 5 of the Criminal Procedure Act.