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The prosecution of this case is dismissed.
Reasons
1. On June 1, 2013, at around 21:30, the Defendant discovered the victim D (17 years of age) who was boomed by the Defendant on the front of Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and subsequently committed an indecent act by force against the Defendant on the victim’s own hand, following the lapse of the above victim’s bucks.
2. We examine the judgment. The case is a crime falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and can be prosecuted only when the victim files a complaint pursuant to Article 306 of the former Criminal Act. According to the statement of withdrawal of a complaint filed in the trial record, the victim can be acknowledged as having withdrawn the defendant's complaint on July 10, 2014, which is the date of the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.