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(영문) 서울중앙지방법원 2013.11.01 2013고정2294
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecution of this case is dismissed.

Reasons

1. On February 15, 2013, the Defendant: (a) around 08:30 on February 15, 2013, at subway 4 located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government subway 4, the Defendant: (b) brought under the bottom of the Defendant’s right hand over the left side of the victim C (V, 27 years old); and (c) plucked by plucking and plucking down the Defendant’s hand.

In this way, the Defendant committed sexual indecent acts that cause sexual humiliation within the electric car, which is a place of public secrecy.

2. Determination and conclusion of the instant 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 can be prosecuted only upon a victim’s complaint under Article 15 of the same Act. According to the records of the instant case, the facts that the victim revoked the Defendant’s complaint on October 17, 2013, which was subsequent to the institution of the instant indictment can be acknowledged.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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