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(영문) 대구지방법원 2013.10.10 2013고단3234
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person running D in Daegu-gu C, and the victim E (the age of 25) was in accounting at the said maintenance business establishment from November 1, 2012 to March 30, 2013, and the Defendant and the victim are those in an employment relationship.

1. On January 24, 2013, the Defendant stated that, around 10:00 on January 24, 2013, the Defendant stated that, at the above D office, the Defendant: (a) placed the Defendant’s bank diameter in his/her hand at one knb knb; and (b) stated that “only snb knb knb knb knb knb knb knb knb kn

Accordingly, the defendant committed an indecent act by force on a person under his protection and supervision due to the employment relationship.

2. On February 16, 2013, the Defendant, at around 10:20 on February 16, 2013, examined the victim at the same place as the above Paragraph 1, and used the victim’s left end with the Defendant’s hand so that the Defendant’s hand can cut off the part of the victim’s hand, and then left the said head behind the victim’s seat.

Accordingly, the defendant committed an indecent act by force on a person under his protection and supervision due to the employment relationship.

2. The instant facts charged are crimes falling under Article 10(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012) and can be prosecuted only when a victim files a complaint pursuant to Article 15 of the same Act. According to the records, the victim’s withdrawal of the complaint against the Defendant on September 30, 2013, which is after the instant indictment, is recognized. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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