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(영문) 인천지방법원 2013.07.05 2013고합325
강제추행
Text

The prosecution of this case is dismissed.

The request for the attachment order of this case is dismissed.

Reasons

1. A summary of the facts charged and the facts leading up to a request for an attachment order [the facts of prosecution] A defendant and the person subject to a request for an attachment order (hereinafter “defendant”) committed, around 03:15 April 2, 2013, the victim Da (the victim Doese, 36 years of age) with the above victim Da (the victim Doese, Doese), while drinking together with the above victim, the victim Doese Doese Doese Doese Doese", and the victim Doar Doese Doe Doe Doese Doese Doese Doese Doese si, and the victim's head was 2 times more times more times more than the victim's chest, and the victim's chest continued to commit indecent acts by force by force.

[The Defendant, on May 31, 2001, was sentenced to two years and six months of imprisonment with prison labor and four years of suspension of execution for rape, etc. at Seoul High Court on May 31, 2001. On May 20, 2002, the Defendant again committed the same crime as the above facts charged even though he was subject to a disposition not to prosecute attempted rape from the Suwon Prosecutors' Office on May 20, 2002. The Defendant committed a sexual crime on two or more occasions, and thus, the Defendant is highly likely to recommit a sexual crime.

2. The facts charged above are crimes falling under Article 298 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the records, the victim can recognize the fact of revoking the complaint against the defendant on June 26, 2013, which was after the prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act, and the request for the attachment order of this case is dismissed pursuant to Article 9 (4) subparagraph 2 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

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