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(영문) 수원지방법원 2013.12.18 2013고정1773
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant d, at around November 11, 2012, drinks alcohol in combination with the victim E, etc. at the main point of Suwon-si C located in Suwon-si around 06:00.

The Defendant, while drunk, brushed the victim with the desire of the drunk, led the victim to the 130 vehicle owned by the Defendant who was parked in the nearby wife.

The defendant hythmd the chest of the victim who was seated with one hand, and the victim hythed against him while tightly knicking his hand.

The Defendant committed an indecent act on the part of the victim by coercioning the victim's bucks, such as holding the victim's bucks, with the victim's hand over the front seat of the victim and the victim's hand.

2. The facts charged in the instant case are crimes falling under Article 298 of the Criminal Act and can be prosecuted only upon a complaint under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the records of this case, it can be recognized that the victim revoked the complaint on December 3, 2013, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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