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(영문) 인천지방법원 2013.08.22 2013고단4145
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, after drinking alcohol and riding in C bus, had the victim in the next place reported his sexual desire to commit an indecent act against the victim.

On May 24, 2013, at around 00:10 on May 24, 2013, the Defendant 200: (a) loaded C buses on the part of the Seoul Guro-gu Seoul Metropolitan Government Madbbucks, seated above the seat; (b) stored the buckbucks of the victim D (25 years of age, women) in the hand, and stored them in the panty door, and committed an indecent act against the victim.

2. The above facts charged are crimes falling under Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and may be prosecuted only when a victim files a complaint under Article 15 of the same Act.

However, according to the statement in the letter of withdrawal of complaint submitted to this court on June 20, 2013, the victim is recognized to have cancelled the complaint against the defendant after the prosecution of this case was instituted.

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

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