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(영문) 인천지방법원 2013.09.04 2013고합460
강제추행등
Text

All of the prosecutions of this case are dismissed.

The request for the attachment order of this case is dismissed.

Reasons

After the Defendant became aware of the victim C (Nam, 52 years of age) who had been living in the old-age area near the East-do Indones Station on 2012, the Defendant suggested that he be able to get the victim into his house at his own house.

1. On July 20, 2012, the Defendant, at the Defendant’s house located in Dong-gu Incheon Metropolitan City, was out of the victim’s clothes when the victim was divingd, and continued to suppress the victim’s face when the victim was shouldered from diving, thereby suppressing the victim’s face, etc. due to drinking, and immediately fright the victim’s chest and sexual flag.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. A quasi-indecent act by compulsion on August 2012, the Defendant met the victim's sexual organ being temporarily set aside at the same place as Paragraph 1, as his/her hand, and entered as soon as possible.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's potential to resist.

Article 298, Article 299, and Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) concerning the facts charged are crimes falling under Article 298, Article 298 of the same Act, which can be prosecuted only when a victim's complaint is filed under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 306 of the former Criminal Act.

However, according to the records, it can be recognized that the victim completely withdraws the defendant's complaint on August 21, 2013, which was after the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

Judgment on the request for attachment order

1. The Defendant, as stated in the above facts charged, committed a sexual crime on at least two occasions and is likely to recommit a sexual crime.

2. As seen earlier, the judgment dismissing the prosecution of this case is rendered, and thus, a specific criminal suspect is subject to the prosecution of this case.

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