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(영문) 인천지방법원 2013.09.04 2013고단2259
준강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. At around 03:20 on April 20, 2013, the Defendant found out that the victim F (n, 25 years of age) boarding the back seat of the E-si operated by the Defendant prior to the Southern-gu Incheon Metropolitan Government D Elementary School (hereinafter referred to as the “E-si”), who was under the influence of alcohol, was able to commit an indecent act against the Defendant, and committed an indecent act by force against the victim who was unable to resist because he was able to resist.

2. The above facts charged constitute Articles 299 and 298 of the Criminal Act, and the prosecution may be instituted only when the victim files a complaint pursuant to Article 306 of the Criminal Act.

On September 3, 2013, the victim F submitted to this Court an agreement containing the contents of withdrawal of a complaint.

Therefore, since the victim revoked the complaint against the defendant after filing the prosecution of this case, the prosecution is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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