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(영문) 수원지방법원 2013.03.22 2013고합119
강제추행
Text

The prosecution of this case is dismissed.

Reasons

Around 22:45 on October 8, 2012, the Defendant made a proposal, such as drinking alcohol, to the victim E, an employee, at the “D” restaurant located in Young-si, Young-si, Young-si, and had an opportunity to do so, and the Defendant committed an indecent act by force against the victim when the victim drinking water from the warehouse of the second floor food materials.

Judgment

However, this case is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only when a victim files a complaint under Article 306 of the Criminal Act. According to the written agreement of withdrawal of a complaint filed in the trial records, the victim can be recognized as having withdrawn the complaint against the defendant on January 9, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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