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(영문) 수원지방법원 평택지원 2013.10.31 2013고단956
강제추행등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. On June 7, 2013, at around 08:00, the Defendant discovered the victim D (the age of 29) who was going on the back of Pyeongtaek-si apartment 301, and her desire to do so, followed the victim, and followed the victim, and committed an indecent act by force on the victim's chest by taking the victim's left hand, and the victim committed an indecent act on the part of the victim by taking the victim's chest away from his left hand, and assaulted the victim by taking the victim's hair and her hair by drinking sound.

2. Of the facts charged in the instant case, an indecent act by compulsion is a crime falling under Article 298 of the Criminal Act and can be prosecuted only when a criminal complaint is filed under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). The facts of assault are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

However, according to the records of this case, it can be acknowledged that the victim's complaint regarding indecent acts by compulsion was cancelled on October 29, 2013, which was after the institution of the prosecution of this case, and the victim expressed his/her intention that he/she does not want to be punished for assault. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5

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