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(영문) 청주지방법원 2013.07.26 2013고단423
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 20:25 on January 7, 2013, the summary of the facts charged: (a) the Defendant committed an indecent act in the “D” store located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) the Defendant sought to leave the victim E (the age of 23) who was known to the public; and (c) the victim, who was trying to avoid such act, attempted to take the victim’s right hand on the floor, with the victim’s left chest.

2. We examine the judgment. The case is a crime falling under Article 297 of the Criminal Act, which can be prosecuted only upon a victim's complaint under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the records, the facts that the victim revoked the complaint against the defendant after the prosecution of this case can be acknowledged. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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