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(영문) 부산지방법원 2013.06.05 2012고단10804
피감독자간음
Text

The prosecution of this case is dismissed.

Reasons

1. Around 00:10 on October 21, 2012, the Defendant in the factory room called “D’s operation of the Defendant in the Busan Shodong-gu, for the purpose of running the said business at the sports marina business establishment, the Defendant was going to go to the victim E (the age 22) who had been employed in the said business establishment, and was going to the 2 head office of the said marina business establishment, let the victim go to go to the victim by getting out of his clothes and enjoying in the bend, and continued to go to go to the victim, while the Defendant was waiting the victim against the victim, the Defendant was able to go to go to the victim, and the Defendant was able to go to go to the victim, and was unable to go to go to the other people, and was unable to go to reach the victim, and was under the protection or supervision of the victim’s sexual intercourse by taking out the body of the victim’s left body and panty and panty of the victim, by force or supervision of the Defendant.

2. The facts charged in the instant case are crimes falling under Article 303(1) of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and can be prosecuted only when a complaint is filed pursuant to Article 306 of the former Criminal Act. According to the records, E, the complainant, was recognized to have withdrawn the complaint against the Defendant on June 4, 2013, which is after the prosecution of the instant case, and thus, the prosecution of the instant case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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