The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. The gist of the grounds for appeal is as follows: (a) the instant case may be prosecuted only upon the victim’s complaint; (b) the complainant revoked the complaint on February 10, 2014, prior to the rendering of a judgment in the first instance court; and (c) the instant public prosecution ought to be dismissed pursuant to Article 327 subparag. 5 of the

Nevertheless, the court below found Defendant guilty. In so doing, the court below erred by misapprehending the legal principles as to an offense subject to victim's complaint, which affected the conclusion of the judgment.

2. The summary of the facts charged is C hospital filmer.

On May 9, 2013, the Defendant: (a) around 14:00, at the video department of the 4th floor CRI of the D Building in Gui-si, the victim E (the age of 26) is rhythm in a number of times, and the victim’s chests and sound part are able to take the rhyth of the victim’s chests when the victim finished the routing room, and (b) committed an indecent act by force against the victim by inserting his fingers by inserting his fingers on the right side from the back to the routing room.

3. The facts charged in the instant case are crimes falling under Article 298 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the records of the instant case, it is recognized that the victim submitted a written withdrawal of complaint to revoke the defendant's complaint to the court of the lower court on February 10, 2014. Thus, the instant indictment should be dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles as to an offense subject to victim's complaint.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

The summary of the instant facts charged and the instant facts charged is indicated in paragraph (2).