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(영문) 대전지방법원 2013.12.18 2013고정247
강제추행등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged in this case

A. At around 21:30 on November 13, 2012, the Defendant: (a) assaulted the victims E (the 20-year-old age) by satising the victim E with the hands of the victim E (the fat, the fat, the fat, the fat, the fat, the fat, the fat of the victim E, the fat of the fat, the fat of the fat, the fat of the fat of the victim E, the fat of the f (the b2 years-old age), the fat of the victim E, the fat of the victim E, the fat of the fat of the f (the fat of the fat of the fat of the fat).

B. The Defendant’s act of indecent act by compulsion was above.

At the same time, at the same place as the paragraph, the head of the victim F should not be sealed into the left arms, while the victim she was walking on the hald, stating that the victim "I am" and "I am intending to love", the victim's left chest was only her, and the victim's left chest was only her am by the bad hand, and the victim's left am by indecent act.

2. Of the facts charged in the instant case, the charge of assault falls under Article 260(1) of the Criminal Act and thus cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. Of the facts charged in the instant case, the charge of indecent act by compulsion falls under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply) and can be prosecuted only upon the victim’s complaint pursuant to Article 306 of the former Criminal Act. According to the written agreement received on November 28, 2013, F, G, and E, the victim of the instant facts charged, withdrawn his/her wish to punish the Defendant after the instant indictment. Thus, all of the prosecution in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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