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(영문) 서울중앙지방법원 2013.12.18 2013고단3122
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. On May 3, 2013, around 18:50 on May 3, 2013, the Defendant committed an indecent act for about four minutes, such as that the victim C (V, 24 years of age), ambane, in the dong-ro, Seoul Twitro, and the knife of the victim C, in the dong-ro that was operated as a mutually beneficial zone from the 4-line cultural park station.

B. On May 3, 2013, around 19:10 on May 3, 2013, the Defendant committed an indecent act against the female for about two minutes, such as the macking of the victim D (V, 34 years of age) sexual mar in the electric car operated in the Eastern Cultural Park Station of Seoul Qart-ro 4, Seoul, Seoul, and the Eastern Cultural Park.

2. Determination and conclusion of each of the above facts charged is an offense 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 upon a victim’s complaint under Article 15 of the same Act.

However, according to the records, the victimC could recognize the withdrawal of the complaint against each defendant on December 6, 2013, which was after the prosecution of this case was instituted, and the victim D on December 12, 2013.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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