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(영문) 수원지방법원 2013.07.25 2013고합386
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person subject to the Korea-U.S. Military Status Agreement, who entered the Republic of Korea on February 26, 2013, when serving in the U.S. Marine Corps D unit, and entered the Republic of Korea in order to participate in the kidb training.

On April 27, 2013, the Defendant, at the Fju store located in Pyeongtaek-si E on April 23:52, 2013, committed an indecent act by force on the part of the victim by making the victim’s right chest only once, as he/she did, while he/she tried to see the victim G (at 24 years old), who is an employee.

2. We examine the judgment. The case is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only when the victim's complaint is filed under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the written agreement compiled in the trial records, the victim can be recognized as having withdrawn the complaint against the defendant on June 28, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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