The prosecution of this case is dismissed.

1. Summary of the facts charged

A. On December 1, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) committed an indecent act against the victim in the subway train 1 on No. 21:54 on December 21, 2012, when the electric trains operating between viewing and Seoul Station, he/she sitd in the side of the victim C (the age of 46) who was seated by the previous driver and her hand over three times through bucks of the victim.

B. The Defendant made a public insult of the victim by openly voiceing the victim “unfriendly feasia,” with a large voice within the front-time train where many people are on board on the ground that the victim was prevented by the victim at the above date, time, and place.

2. We examine the judgment. Of the facts charged in the instant case, the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) is a crime 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; hereinafter “former Act”), which can be prosecuted only upon a victim’s complaint under Article 9 of the Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and Article 15 of the former Act. Of the facts charged in the instant case, the insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act. According to the records, the victim’s revocation of the complaint against the Defendant on April 10, 2014 after the indictment in this case is dismissed.