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(영문) 의정부지방법원 고양지원 2014.01.23 2013고정561
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, on November 17, 2012, around 18:50, passed around the D shopping mall located in C in Pakistan, was seated behind the victim F (the victim 24 years old) who was in the vicinity of the D shopping mall located in C, and the Defendant, on the part of the victim’s bucks, was seated on the bridge on the part of the victim’s bucks. The Defendant committed an indecent act on the victim’s bucks by making the victim’s bucks on the part of the bucks.

2. The foregoing 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 records, it can be recognized that F, the complainant, revoked the complaint against the defendant around December 18, 2013, which was after the prosecution of this case was instituted, and thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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