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(영문) 수원지방법원 2013.11.21 2013고단2910
강제추행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: around 00:10 on May 4, 2013, the Defendant discovered the victim E (n, 19 years of age) in front of D, which is located in Gyeonggi-si Population C, and accessed the victim’s her words “welve defect.” On the other hand, the victim refused it and continued to walk, and the victim came back in front of the Fudio of the wife population at the time when the victim is allowed, and the Defendant forced the victim to take the two arms of the victim and forced the victim inside the parking lot, leading the victim to the cargo in the parking lot, and failed to resist the victim. The Defendant committed an indecent act by forcing the victim by force by placing the victim’s hand on the chest of the victim by carrying his hand the Defendant’s hand and her hand on the part of the victim.

However, it is a crime falling under Article 298 of the Criminal Act and can be prosecuted only upon a complaint under Article 306 of the same Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the records, the victim's withdrawal of the complaint around November 21, 2013, which was after the prosecution of this case was instituted, can be acknowledged.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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