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(영문) 서울서부지방법원 2013.09.25 2013고단1443 (1)
식품위생법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Around 03:00 on January 25, 2013, the Defendant committed an indecent act by force against the victim E (here, 26 years of age) who is danced in Mapo-gu Seoul Metropolitan Government “D”, and the victim E (here, 26 years of age).

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

However, according to the records, the victim's withdrawal of the complaint against the defendant after the prosecution of this case is recognized, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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