The prosecution of this case is dismissed.

1. Around 08:55 on June 7, 2013, the Defendant committed an indecent act for about 10 minutes in a way that 10 minutes of the Victim B (V, 20 years of age) with the Defendant’s gender with the Defendant’s gender, when the electric train No. 618 of the subway No. 618 from the New Station of subway No. 1 start to the New Station of subway No. 618 was in operation between the areas of the additional digital group in the Goak Station.

Accordingly, the defendant committed an indecent act against the victim in the electric car, which is a place of public secrecy.

2. We examine the judgment. The facts charged in the instant case 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 when the victim files a complaint pursuant to Article 15 of the same Act. According to the written statement on the written withdrawal of the victim’s complaint, the victim can be found to have withdrawn the Defendant’s complaint on September 11, 2013, which is the date of the instant indictment. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act