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(영문) 울산지방법원 2013.10.24 2013고단2905
강제추행
Text

The prosecution of this case is dismissed.

Reasons

The defendant in a factory room is a person engaged in agriculture, and the victim C(65 years of age, women) and the victim C(65 years of age, women) are frequently considered in D market E and he spawn.

On April 17, 2013, at around 15:00, the Defendant sent the victim to Ulsan-gu F within the residence of the victim C (65 years of age, women) and met the victim’s things, and discovered that there was no room for the victim’s residence, depending on the victim’s residence, and forced one hand the victim’s right arms to the right arms to the right side of the victim to stop resistance, and got the victim’s breast with other hand.

On the other hand, the victim committed an indecent act against the victim, such as putting the victim's hand on the bed by force by putting the victim's hand on the bed part of the bed part of the bed part of the bed part.

However, the facts charged in the instant case are the crimes falling under Article 298 of the Criminal Act and can be prosecuted only upon a complaint under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter referred to as the “former Criminal Act”).

However, according to the records of this case, the victim's withdrawal of the complaint on July 11, 2013, which was after the prosecution of this case, can be recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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