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(영문) 서울남부지방법원 2013.11.01 2013고단3118
준강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On June 4, 2013, at around 02:40 on June 4, 2013, the Defendant, at the residence of the victim C (n, 18 years of age) located in Gangseo-gu Seoul Metropolitan Government, carried out drinking in the victim’s private village, D and D room, and carried out drinking at the victim’s side after drinking in the victim’s private village, D and D room, and committed an indecent act against the victim by inserting his hand in the victim’s abundance.

2. The grounds for dismissing the public prosecution in this case are the facts charged in the instant case, which fall under Articles 299 and 298 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012); and can be prosecuted only upon a complaint filed under Article 306 of the said Act.

According to the records, the victim C may be recognized to have withdrawn the complaint around October 30, 2013. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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