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(영문) 서울중앙지방법원 2013.08.16 2013고단3445
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecution of this case is dismissed.

Reasons

1. On May 14, 2013, the Defendant: (a) around 08:36, 2013, the Defendant used the gap surrounding the subway 2 line Seoul Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, by maring the surrounding areas in the front direction of the scam in the front and rear of the scam, such as the complainant C (18 years old and female). The Defendant was flicked with the scam, embling the scam, and kick with his hand.

As such, the Defendant committed an indecent act that may cause sexual health to the complainants in the previous vehicle with concentration of the public.

2. The above facts charged are crimes falling under Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and may be prosecuted only when a victim files a complaint under Article 15 of the same Act.

According to the withdrawal of complaints and the written agreement submitted to this Court on August 8, 2013, the victim is recognized as having revoked a complaint against the defendant after the prosecution of this case was instituted.

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 for the above reasons.

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