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(영문) 의정부지방법원 2013.09.05 2013고단1842
준강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. On June 5, 2013, the Defendant, at the main point of “D” located in Ku Government-si C, on June 5, 2013, sought to return home to outside and cab by cutting off the victim, who had taken a drinking after drinking together with the victim E (n, 19 years of age), who was a high school, with the victim E (n, a 19 years of age).

However, when the victim was unable to get off the victim's body, the defendant, at around 01:45 on June 5, 2013, up to 01:45, the 5th floor of the Franc City Franc Building, caused the victim to gather his/her fingers between his/her fingers, booms the victim's chests, lying the victim's chests on the floor of a female toilet in the same floor, putting him/her on the victim's chests, putting him/her on his/her chests, putting him/her on his/her chests, putting him/her down his/her breasts, and her breasts into them, putting two fingers of the victim's fingers over two occasions, putting him/her down his/her fingers into the part of the victim's body, and put him/her down his/her fingers into

Accordingly, the Defendant committed an indecent act against the victim who is in a state of difficulty to resist by drinking.

2. The instant facts charged are crimes falling under Articles 299 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and can be prosecuted only when a victim files a complaint pursuant to Article 306 of the same Act. Since the victim expressed his/her intent to revoke the Defendant’s complaint to this court on August 20, 2013, after the instant indictment, the instant indictment was dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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