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(영문) 대구지방법원 김천지원 2013.06.27 2013고단523
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On March 13, 2013, the Defendant: (a) around 22:37, the Defendant committed an indecent act against a female by force on the part of the victim of the C cafeteria located in Gumi-si B, with the mind that the victim would commit indecent act by force on the road in front of the C cafeteria B; (b) the victim was knick her left by the victim only once.

2. According to Article 306 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012), the facts charged in the instant case are crimes falling under Article 298 of the Criminal Act, which can be prosecuted only upon the victim’s complaint. According to the written agreement, the victim can be found to have withdrawn the Defendant’s complaint on April 5, 2013, which is the date the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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