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(영문) 부산지방법원 동부지원 2016.10.12 2012고단1656
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On February 8, 2012, around 13:40, the Defendant committed an indecent act against the victim, including: (a) the victim D (the victim 24 years of age) was getting on and off his/her mixed escalator in the Busan metropolitan subway station, Busan, Daegu, and (b) the victim was able to take on and off his/her bus at the same time; and (c) the victim was able to take on and off his/her bus with his/her two arms.

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 upon a victim's complaint under Article 306 of the former Criminal Act. The records show that the victim revoked the defendant's complaint on October 11, 2016. Thus, the prosecution against the defendant is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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