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(영문) 인천지방법원 2013.09.27 2013고합555
강제추행
Text

The prosecution of this case is dismissed.

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

Reasons

1. The summary of the facts charged and the facts constituting the cause for requesting an attachment order [criminal record] and the person subject to a request to attach an attachment order (hereinafter “defendants”) are punished by a fine of one million won for the crime of indecent act by force at the Incheon District Court on July 9, 2002; on September 5, 2003, the Seoul Southern District Court has served as a person who was sentenced to a suspended sentence of two years for 10 months in prison due to a violation of the Act on the Protection of Juveniles from Sexual Abuse (Juvenile Rape, etc.) at the Seoul Southern District Court on September 5, 2003; on October 18, 2012, the person who was sentenced to a suspended sentence of one year in imprisonment with prison labor and three years in suspended sentence as of October 26

[Fact-finding at around 09:45 on January 30, 2013, the Defendant committed an indecent act by force against the victim E (V, 20 years of age), an employee of the said convenience store, by stating that “I am bad. . . . . . .” while under the influence of alcohol, the Defendant expressed that “I am . . . . . . . . . . . . . . . . . . .. . .. .. .. .. . .. .. .. .. .. .. .. ... knick by the victim who was seated in the knife in the knife of the Defendant’s knife with the Defendant’s knife, while she expressed

[Judgment of the court below] The Defendant’s ground for requesting an attachment order is that the Defendant committed a sexual crime on at least two occasions and is likely to recommit a sexual crime.

2. The facts charged above are crimes falling under Article 298 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the records, it can be recognized that the victim revoked the complaint against the defendant on September 24, 2013, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act, and probation and electronic device is attached to specific criminal offenders.

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