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(영문) 의정부지방법원 고양지원 2013.08.30 2013고합89
강간등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant is a person who operates a “D” garmenting factory on the third floor of the C building in ancientyang-si; and (b) the victim E (V, 46 years of age) from March 7, 2013.

4. A person who had worked in the above factory until 16.

1. Indecent acts by compulsion;

A. On April 3, 2013, around 11:30 on April 3, 2013, the Defendant discovered that the victim was released from the fourth floor toilet while smoking tobacco in the above factory corridor, and committed an indecent act by force on the part of the victim by having one hand knife the victim’s arms and remaining knife with one hand.

B. On April 4, 2013, at the same place as at around 17:00, the Defendant discovered the victim's getting out of the fourth floor toilet, and attempted to take out the victim's chest by hand, but the victim stated that "I am on the wall of the chest, I am on the wall of the chest, I am on the part of the victim, and am on the part of the victim, and am on the part of the victim, I am on the part of the victim, thereby committing indecent act by force

2. Around 07:50 on April 10, 2013, the Defendant raped the victim, who was putting defective products at the above plant, in front of the foundation board, and breaking the victim’s body over the floor by pushing the victim, and then divided the victim’s body on the victim’s bridge, and forced the victim’s resistance, cut off the victim’s boom and panty, and added the Defendant’s sexual organ into the part of the victim’s sound, thereby committing rape.

2. Each of the facts charged in the instant case is a crime falling under Articles 297 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and may be prosecuted only upon a complaint filed by the victim under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012); and Article 306 of the former Criminal Act.

However, according to the statement on the withdrawal of the victim's complaint submitted to this court, the victim can recognize the withdrawal of the complaint against the defendant on August 20, 2013, which is after the prosecution of this case. Thus, the defendant's complaint of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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