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(영문) 인천지방법원 2013.10.01 2013고단4318
강제추행
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Around 06:50 on May 29, 2013, the Defendant found the Victim F (28) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, about 06:50, the Defendant discovered the Victim F (28 years of age) who was divingd in the surface of the water room, followed by his/her son, confirmed that the Victim G (24 years of age) who was the daily behavior of the said F was diving, and confirmed that the Victim G (24 years of age) was diving, and that the Victim G (24 years of age) was exposed to the victim’s right buckbbs sub-section.

Accordingly, the defendant forced victims to commit indecent acts.

2. Each of the facts charged in the instant case is a crime falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; Act No. 11574, Jun. 19, 2013) and can be prosecuted only upon a victim’s complaint under Article 306 of the same Act.

However, according to the records of this case, the victims can recognize the fact that they expressed their intention to revoke the defendant's complaint after the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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