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(영문) 인천지방법원 2013.03.28 2013고정815

강제추행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged: (a) around 08:00 on January 22, 2013, the Defendant: (b) committed an indecent act by force against the victim, i.e., having been working at his/her own shop within the Seo-gu Incheon Metropolitan City building B, and “Cjukstore” operated by himself/herself on the second floor; (c) having been drinking together with the victim E (the victim E (the 19-year-old, female) who was under the influence of alcohol; (d) having been under the influence of alcohol; and (d) having been under the influence of alcohol; and (d) having been placed on the floor of the victim; and (d) having been discharged from his/her hands,

2. The case is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 306 of the Criminal Act. According to the statement of withdrawal of a complaint filed in the trial records, the victim can be acknowledged on February 22, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.