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(영문) 수원지방법원 안산지원 2013.11.20 2013고단1835
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On June 14, 2013, at around 07:20, the Defendant found the victim D (or 24 years of age) on the front side of the crosswalk in the light life zone C, and committed an indecent act by force by means of using sparing the victim after sparing the victim.

2. The instant facts charged are crimes falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only upon a victim’s complaint under Article 306 of the same Act. According to the records of the instant case, the victim D can recognize the fact that the Defendant’s complaint was revoked on November 18, 2013, which was after the institution of the prosecution. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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