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(영문) 대구지방법원 2013.10.24 2013고단2006
강제추행
Text

The prosecution of this case is dismissed.

Reasons

Defendant, the summary of the facts charged,

1. On September 24, 2012, around 19:30 on September 24, 2012, the victim aboard the Defendant’s vehicle in the vicinity of the Gyeongdong-gun, the Defendant attempted to key the victim by taking advantage of the fact that the victim, who was the chief boarding of the vehicle, was under the suppression of resistance for the said reasons, and the victim refused it, and the victim, “the victim,” thereby making the victim’s refusal, referring to approximately three minutes of the victim by force;

2. Around 19:35 on the same day moving the vehicle of the above defendant to the side of D, and then re-assign the victim who was on board the chief boarding of the vehicle to the side of D in the same manner as above;

3. 같은 날 19:36경 위 피고인의 차량을 E 소재 F 입구로 이동시킨 후, 위와 같은 이유로 반항이 억압되어 있던 피해자의 조수석 의자를 뒤로 젖힌 후 피해자가 집에 보내달라고 하자 피해자 쪽으로 몸을 기울여 피해자의 블라우스 단추를 풀고 손으로 피해자의 가슴이 드러나게 한 후 약 5분간 피해자의 가슴을 혀로 핥고 입으로 가슴을 빨고,

4. On the same day, at around 20:36, the above Defendant moved the vehicle to the front door of the HH elementary school located in Daegu Northern-gu G, and then was under the influence of the victim with the suppression of the resistance above.

The Defendant, as above, committed an indecent act against the victim by coercioning the victim’s resistance four times.

The grounds for dismissing a public prosecution can be prosecuted only when an accusation is filed under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) as a crime falling under Article 298 of each Criminal Act.

However, according to the records of this case, it can be acknowledged that the victim expressed his/her intent to revoke the complaint against the defendant on October 23, 2013, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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