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(영문) 서울남부지방법원 2014.09.25 2014노1210
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The written agreement (hereinafter “instant agreement”) prepared in the name of the victim of the gist of the grounds for appeal by the prosecutor and submitted to the court of the original instance on May 26, 2014 to the court of the original instance (hereinafter “instant agreement”) is not prepared and delivered by the victim, nor did the victim express his/her intention to cancel the complaint directly to the investigation agency or the court, so the victim’

In addition, the written agreement of this case is not only written by the defendant's strong pressure, but also by interpreting the phrase, it cannot be said that the victim's cancellation of the complaint against the defendant.

Nevertheless, the court below erred by misapprehending the legal principles on cancellation of complaint, thereby dismissing the prosecution of this case.

2. The agreement of this case, which was submitted to the court of the court of the original instance after the prosecution of this case, was prepared on the premise that "the injured party would not want punishment against the defendant since he agreed to not raise any civil or criminal issues against the defendant by the consent of the defendant" was submitted to the investigation agency or the court. Thus, it constitutes cancellation of complaint which the injured party would withdraw the previous opinion which the injured party wishes to punish against the defendant, and the injured party could not have prepared the above agreement by the defendant's strong pressure. Thus, the court below's dismissal of the public prosecution of this case is just and it is not erroneous in the misapprehension of legal principles as argued by the prosecutor, which affected the conclusion

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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